Indianapolis Probate Attorneys Lake Marion County Indiana

Practice Areas:

Office News:

WWAN Referral Network

If your firm wishes to join our growing network, us with the contact form to let us know.

Indiana Area Codes Available
219, 260, 574

Indiana Area Codes Taken
317, 765, 812

Home > Indianapolis Indiana Probate attorneys

Indianapolis Probate attorneys

When a person dies, their estate is assigned to probate court for legal settlement. If the deceased (testator) created a will before death, that person died (testate). The estate passes to the executor named in will for administration, according to the last wishes of the testator. If the person did not create a will before death, that person died (intestate). If no executor is named in the will or if the deceased died intestate, the court will assign an administrator to oversee the estate. The administrator is accountable for providing proof of death and that the will is legal before the court. The court will ask to see of all the debts and assets, and of all the people named in the testament. The heirs named in the will and the creditors will be notified of the individual’s death. The executor is responsible for the supervision and administration of the estate while it is in probate. They may have to settle debts left by the testator or of the estate before any assets are disbursed. The court has to grant consent to the executor so that any outstanding claims against the will can be settled and the remaining assets can be disbursed to the heirs. Any disputes that arise will have to be settled and approved by the court. The probate process can take as little as a few months to over a year.

Do you or someone you know need help with probate proceedings? The Indiana Probate Attorneys at the law office of Tony Zirkle can help. Contact the Indiana Probate Attorneys at the law office of Tony Zirkle today for help at this essential time.

Indiana law dictates that the spouse of a person who dies intestate shall inherit the entire estate if there are no children or parents to the deceased. If the deceased had children, then half of the estate goes to the spouse and the remaining half is distributed to the children. If the deceased had no children but at least one parent still alive, then the spouse inherits three-quarters of the estate and the remaining one-quarter is inherited by the parents.

If a person dies testate and the testator divorces or the marriage is annulled after a will is created, all provisions in the will in favor of the spouse are thereby revoked. Indiana law does not have specific rules providing care for pets after death, but the testator can identify a beneficiary to care for the pet.

The probate process proceeds as follows:

Proof must be provided as to the validity of the will.

The assets must be inventoried and itemized.

All the heirs have to be identified and informed.

Creditors have to be given notice.

Chattel has to be appraised.

Taxes and outstanding debts have to be settled.

The remaining assets are disbursed according to the will.

If intestate, the state will distribute the assets according to Indiana probate code.

Some assets can bypass probate and move directly to an entity named by contract for a beneficiary; these could include a bank account, living trust, life insurance policies, or right of survivorship assets. If it is structured correctly, an Intro Vivos Trust can reduce the estate tax load. Estate or inheritance taxes can be lessened if you give away the asset completely and irrevocably or bequeath them to a charitable organization.

Let our Indianapolis Probate attorneys help you!

Probate » Criminal, Divorce & Family Attorneys and Lawyers Serving Lake Co., Marion Co. and St. Joseph Co. Indiana

Free Initial Consultations!

Contact information:

Lawfirm@worldwideattorney.com

317.572.7717 Bloomington
317.572.7717 Carmel
317.572.7717 Crown Point
317.572.7717 Elkhart
317.572.7717 Fort Wayne
317.572.7717 Gary
317.572.7717 Hammond
317.572.7717 Indianapolis
317.572.7717 Kokomo
317.572.7717 Merrillville
317.572.7717 Mishawaka
317.572.7717 Muster
317.572.7717 South Bend
317.572.7717 Valparaiso
317.572.7717 West Lafayette

Indianapolis Probate FAQs and Resources:

Indianapolis Probate Related News:

Research Indicates More Alcohol Sales Equates to More Violence
Recent Indiana research indicates more alcohol sales sites in a neighborhood equates to more violence and the highest assault rates are associated with carry-out sites selling alcohol for off-premise consumption. If you have been arrested for an alcohol related crime contact our Indianapolis Criminal Defense Attorney now!

Indiana Social Security September 2009 Newsletter
Retirement is probably the last thing on your mind if you’re a young worker. But there are some basics you should know about Social Security and savings to plan for your retirement. Social Security is the foundation for a secure retirement, but was never intended to be your only source of income when you retire. While Social Security replaces about [...]