If you have been appointed a personal representative in a will, or are otherwise legally involved with the will of a recently deceased individual, it is important to understand what is involved in the probate process.
The Probate Process
In order for a will to become legally legitimate, it must proceed through probate court. This means that a judge must examine the will and confirm its authenticity before the instructions in the will can be carried out. Once a will is adjudicated, the claims of creditors can be honored and the remainder of the estate can then be distributed among the decedent’s heirs. Probate is a very complicated legal process that may involve significant time and expense, especially if a will is contested or must otherwise be litigated.
We are seasoned in Indiana probate matters and can help you understand your rights under state law. This is true whether you are the executor of a will or if you simply have questions regarding the probate process. Schedule an appointment today with our office to find out how you can minimize the cost, time and stress associated with probate and other estate planning issues.
A knowledgeable Indiana probate lawyer can help you:
- Obtain a Grant of Probate
- Ensure that the decedent’s assets are properly distributed
- See that the validity of a will is correctly adjudicated
- Keep executors or other administrators of estates acting in good faith
- Manage the assets of an individual who has died without leaving a valid will
Personal Representatives and Executors
Complying with Indiana’s rules and regulations is not an easy task for those who have been named personal representatives, or executors, of an estate. The assets of the decedent must be gathered and accounted for as named in their will. In some cases, ongoing or new litigation must be resolved. Creditors’ claims must be attended to before the remainder of an estate can be distributed among a decedent’s heirs. Additionally, there can be taxation issues that arise during the probate process over inheritance taxes, estate taxes or gift taxes. Don’t try to tackle the substantial challenges of probate court alone. We are skilled probate attorneys and can help you figure out which assets may be exempt from probate court and help you distribute the remainder in a timely and affordable fashion.