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Hammond:		 812.391.0899
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219.308.1673
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Indiana 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.

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.

 

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