If Real Property Passes Automatically at Death vs Why Do I Have to Probate the Will? (IN)
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific needs. Detailed Answer When someone dies in Indiana, certain assets transfer automatically by operation of law. Other assets remain in the decedent’s name alone and must go through probate for legal title to […]
Read article →What steps are involved in notifying creditors and handling claims after a death in Indiana?
Detailed Answer After someone dies in Indiana, the personal representative (executor or administrator) must identify and notify creditors, review claims, and settle debts before distributing assets. Indiana law provides clear rules under IC 29-1-14 for both supervised and unsupervised probate proceedings. 1. Choose Supervised vs. Unsupervised Administration Indiana offers two paths: a fully supervised estate […]
Read article →Can I use an obituary as proof of death to open an estate in Indiana?
Using an Obituary as Proof of Death in Indiana Estates To open an estate in Indiana, you must file proof of the decedent’s death with the probate court. Indiana Code §29-1-7-2 (https://iga.in.gov/laws/2023/ic/titles/029#29-1-7-2) requires a certified death certificate as primary proof. Without it, you may petition the court to admit secondary evidence per Indiana Code §29-1-1-6 […]
Read article →How do I prepare an heirship affidavit in Indiana?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Indiana for guidance on your specific situation. Detailed Answer Indiana does not have a specific “affidavit of heirship” statute for real property. Instead, Indiana Code Chapter 29-1-9 provides a process for distributing a decedent’s small estate […]
Read article →Can I elect to receive a life estate instead of an intestate share in Indiana?
Detailed Answer Under Indiana law, you cannot elect to take a life estate in an intestate estate as your share. Indiana Code Title 29, Article 1, Chapter 2 (“Intestate Succession”) defines how courts distribute property when a person dies without a will. The statute identifies heirs and allocates the decedent’s assets according to a fixed […]
Read article →How does an executor obtain an EIN for the estate? Indiana
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation. Detailed Answer After the court appoints you as personal representative under Indiana probate law (IC 29-1-7-1), you must obtain an Employer Identification Number (EIN) for the estate. The IRS issues EINs […]
Read article →What is the difference between informal and formal probate in Indiana?
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a licensed attorney in Indiana for guidance on your specific situation. Detailed Answer In Indiana, the probate process divides into informal probate (often called unsupervised administration) and formal probate (supervised administration). Both pathways appoint a personal representative to manage […]
Read article →Do I Have to List Personal Property Assets When Completing a Year’s Allowance in an Estate in Indiana?
Detailed Answer Under Indiana law, a “year’s allowance” provides a surviving spouse or minor child with support drawn from the decedent’s personal property for one year after death. See IC 29-1-4-1. To obtain this allowance, you must file a petition in the probate court of the county where the estate is administered. Statutory Requirements Indiana […]
Read article →How to Request and Schedule a Probate Hearing When None Is Set in Indiana
Detailed Answer When no probate hearing date exists, the personal representative or interested party must formally request and set one. Under Indiana law, you follow these core steps: Identify the Purpose of the Hearing. Common reasons include approval of final account, petition to remove or appoint a personal representative, or approval of asset sales. Prepare […]
Read article →How to serve court orders on interested parties to move a probate case forward? IN
Detailed Answer In Indiana probate proceedings, a personal representative must ensure that all interested parties receive copies of court orders before the case can progress. An interested party includes heirs, beneficiaries, creditors, and any person named in the petition (Ind. Code § 29-1-8-1). 1. Personal Delivery Whenever possible, have a certified process server or sheriff […]
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