When a loved one passes away, families are often left with more than grief—they’re also faced with managing that person’s financial and legal affairs. One of the first legal steps in this process is probate. If you’re unsure of what probate involves or whether it applies to your situation, you’re not alone. This simple guide explains what Indiana families need to know.
What Is Probate?
Probate is the legal process by which a deceased person’s assets are distributed to their heirs or beneficiaries and their debts are settled. It is supervised by a court and typically involves:
- Validating the deceased person’s will (if there is one)
- Appointing a personal representative (sometimes called an executor)
- Identifying and gathering assets
- Paying final debts, taxes, and expenses
- Distributing remaining assets to heirs or beneficiaries
In Indiana, probate can be formal or informal, depending on the size and complexity of the estate.
Do All Estates Go Through Probate?
Not necessarily. Some assets transfer automatically without going through probate, such as:
- Jointly owned property (like real estate with rights of survivorship)
- Accounts with named beneficiaries, such as life insurance or retirement accounts
- Payable-on-death (POD) and transfer-on-death (TOD) accounts
- Assets held in a trust
If all of a person’s assets are of these types, probate may not be needed. However, if the person owned assets in their name only, probate is generally required.
How Long Does Probate Take in Indiana?
The probate process in Indiana typically takes between 6 months and 1 year, but it can take longer if:
- The estate is complex
- There are disputes among heirs
- Creditors file claims
- Tax issues arise
Smaller estates may qualify for a simplified process called unsupervised administration, which tends to be quicker and less costly.
Why Having an Estate Plan Matters
Proper estate planning can reduce or even eliminate the need for probate. Tools such as:
- Revocable living trusts
- Joint ownership
- Beneficiary designations
- Powers of attorney
…can streamline the transfer of assets and help families avoid court involvement altogether. Planning ahead also ensures your wishes are followed and eases the burden on your loved ones.
Let Martz & Lucas Help
Whether you’re navigating the probate process after a loss or looking to put a plan in place to make things easier for your family, our experienced attorneys at Martz & Lucas are here to help. We provide compassionate, knowledgeable support through each step of estate administration and planning.
Contact us today to schedule a consultation and take the next step toward peace of mind for your family.