Probate and Estate Administration Attorneys

Losing a loved one can create many questions as to what must be done, how soon, and who is going to do it. If you’ve been named personal representative or are otherwise responsible for settling a family member’s affairs, it is common to feel uncertain about how to carry out your legal responsibilities.

Parr Richey has guided Indiana families through the probate process for decades, helping executors and heirs settle estates efficiently while fulfilling the legal requirements of the probate process.

How the Indiana Probate Process Works

Probate is the court-supervised process used to submit and validate a will, pay off debts, and sell and distribute assets. The level of court involvement depends on the type of estate involved.

• Spreading a Will of Record.  This process is used when there is no estate to administer, but you want to publish your loved one’s Will in case an estate needs to be opened later.

• Small Estates. This simplified procedure is typically available when the total estate assets are less than $100,000. The small estate process is streamlined and does not involve the court.

• Unsupervised administration. Most Indiana estates follow an unsupervised administration process, allowing the personal representative to act with minimal court involvement. It is almost always faster and less expensive than supervised administration.

• Supervised administration. In a supervised estate, the personal representative must obtain court approval for major activities like selling assets, settling debts, and issuing distributions. The personal representative is also required to prepare a detailed accounting of estate assets, income, distributions and disbursements. Supervised administration is often appropriate for large, complex estates or situations involving disagreements among heirs. 

Each path has its own legal requirements. We help clients determine which path is most efficient and appropriate given the nature of the estate. 

Personal Representative’s Responsibilities

Serving as a personal representative comes with important responsibilities. A personal representative may also be referred to as an executor, executrix, or administrator. A personal representative is a fiduciary responsible for gathering the assets of the estate, collecting income from estate assets, paying the debts and expenses of the estate, and distributing the estate to the heirs. Mistakes in any of these areas can expose a personal representative to personal liability. The probate process is controlled by laws that dictate when certain actions must be taken, how they must be taken, and who must be informed. We understand these laws and stay closely involved to help you meet court deadlines and feel confident in your actions on behalf of the estate. 

When Estate Disputes Arise

Most estates settle without conflict, but when disputes arise, we work with personal representatives, beneficiaries, and creditors to protect their interests in the estate and in any related litigation. Estate disputes commonly involve lawsuits to contest the validity of a Will, claims filed against the estate, or the personal representative’s management of the estate. Our attorneys have a detailed understanding of Indiana probate law necessary to be a strong advocate for you. 

Common Questions About Indiana Probate

How does a probate attorney help manage an estate? Part of the probate process involves preparing documents and filing them with the court. Most personal representatives have limited or no prior experience, making this process very difficult to do on their own. In addition to preparing routine paperwork, a probate attorney guides the personal representative as to what to do and when to do it. This helps streamline the estate administration process and reduce potential personal liability for the personal representative. We also serve as a point of contact for creditors and heirs. 

What is the difference between probate and estate administration? The terms are often used interchangeably but have slight differences. The probate estate refers to the assets held in the decedent’s name alone. Estate administration refers more broadly to managing someone’s final affairs, including their probate assets and non-probate assets that are jointly owned or name beneficiaries. 

As an example, if someone lists beneficiaries on all of their assets, an heir may request our representation with completing and submitting necessary paperwork to obtain their share. This would fall under the umbrella of estate administration even though it does not involve a court process. Our attorneys also assist clients with administering trusts. 

Talk to Our Probate Team

Processing and settling an estate goes more smoothly with an attorney who is familiar with the statutory process and the local court rules. Whether you need to open a probate estate or need advice on a probate litigation matter, we’re ready to help.

Call 317-269-2500 or contact us online to discuss your probate or estate administration matter.