Probate

Follow these steps to hire a probate attorney if you've been named the executor of a will and you need immediate help.

6 Steps To Hire A Probate Attorney

The Carmel Police Department can be reached at 317-571-2500 for non-emergency concerns.

To get a copy of a police report, please submit a completed public records form by mail or in person to the Corporation Counsel City of Carmel located at City Hall One, Civic Square, Carmel, IN 46032. For assistance, call 317-571-2472. 
Request for Public Records Form: <a href="https://forms.carmel.in.gov/Forms/CPD-Request-for-Records-10282021">https://forms.carmel.in.gov/Forms/CPD-Request-for-Records-10282021</a>

Not all estates need to be probated in Carmel. If the gross value of the decedent’s estate is no more than $50,000, the formal probate process can be bypassed. You can use the Small Estate Affidavit to collect the decedent’s assets and administer the estate. The Small Estate Affidavit can be obtained 45 days after the decedent’s passing.

In the absence of a will, competent adults, usually family members, can apply and be appointed by the court to serve as personal representatives. If there are no volunteers for the role, the court can appoint a third party, such as a probate attorney in Carmel, to serve as the estate’s personal representative.

On behalf of the inheritors, the executor or the personal representative must file Form IH-6 (Inheritance Tax Return Form) within one year of the decedent’s death. If the decedent was residing in Carmel at the time of death, the tax return should be submitted to the probate court in Hamilton County. Inheritance taxes should also be settled within 18 months of the death.

The probate process is only for assets that have no designated beneficiaries and/or are solely owned by the decedent. Jointly owned assets, like the family house titled under the decedents and their spouse’s names and assets with beneficiaries like insurance policies, are considered “non-probate.” Assets under a trust are also exempted from probate. A local probate lawyer in Carmel can help you sort through your loved one’s probate and non-probate assets.

According to Local Probate Rules Section 709.10, creditors have three months and 15 days from the time the probate notice wash published to make their claims for debt payment. The estate's personal representative is responsible for identifying the decedent’s possible creditors and validating the claims they make. The maximum deadline for creditor claims in Carmel is nine months from the decedent’s death. Claims entered after this deadline may be barred.

Probate attorneys are licensed professionals who represent executors and heirs after someone has died. They provide personalized legal advice, assist with tax planning, settle debts, and facilitate the distribution of assets. Probate attorneys typically represent clients during administrative proceedings overseen by probate courts, although some litigators focus on handling disputes and lawsuits related to contested estates.

Probate court works with the family or beneficiaries of a deceased person to validate their last will and testament. The courts review the individual's will to identify and calculate assets, pay off remaining debts, and distribute the remaining property to beneficiaries per the deceased person's requests. Depending on state laws, property valued under a certain amount may not require probate.

The amount of time loved ones have to file a will after a person dies varies from state to state. While California courts require probate to be filed within one year, New York has no deadline. That being said, it's advisable to file probate as quickly as possible once a person has died, as the process itself can take anywhere from a few weeks to more than a year.

Life insurance doesn't need to go through the probate courts if the deceased individual has named a beneficiary on their policy. However, life insurance policies without beneficiaries, or with beneficiaries who are either deceased themselves or cannot be contacted, go directly to the deceased individual's estate. When this happens, life insurance proceeds must go through probate court to determine how funds should be allocated.

While the exact rules do vary from state to state, most household items don't require probate and are automatically left to immediate families unless otherwise stated in the deceased person's will. When it comes to property, only items above a certain value or held in title are required to go through probate in most states.

In the event a beneficiary has been named, bank accounts are not required to go through probate and will be paid directly to the person designated by the deceased individual. However, should that individual be deceased themselves or if contact cannot be made after a certain period of time, funds will be allocated to the estate and put through the probate process.

Depending on the circumstances, probate may not be required in all cases. If a person passes on and their remaining property is jointly owned, it automatically transfers to the other owner. However, if a property is not jointly owned and no probate has been filed, the executor of the will won't be able to transfer titles or cash assets to beneficiaries. Be aware that the specific laws surrounding probate requirements vary from state to state.

Probate real estate is the process that happens when a realtor steps in to handle the sale or transfer of a deceased person's owned home to another individual. In some cases, the house is sold as a means of liquidating assets, and proceeds from the sale are used to pay debts or are distributed to beneficiaries.

It is possible to probate a will and close an estate without hiring an attorney. However, it requires multiple steps and an understanding of the law. The first step is to petition the court to appoint a representative for the estate. Next, the executor must notify all heirs and creditors before switching ownership from the decedent to the estate. Once all debts, taxes, and final expenses have been paid, funds can be transferred to heirs. To close an estate, the executor must submit a report showing the court that all obligations and final wishes have been satisfied. While a will and estate may seem straightforward, things can get complicated quickly if multiple heirs are involved, or if disputes or disagreements arise over distribution. A probate lawyer can help navigate these disputes effectively, and take pressure off the executor when beneficiaries aren’t getting along.

If the will or proposed distribution of property is contested, an estate may remain in probate for several years. The timeline depends on how long relatives have to initiate probate, how long creditors have to come forward, and how busy the courts are. In some states, such as Florida, relatives have just 10 days to initiate probate, and the entire process takes approximately six months. In other areas, such as Massachusetts, the process can last one to two years, although the majority of probate activities occur in the first nine months. The value of the estate also affects the duration of the case. For example, California and Texas have simplified procedures for smaller estates, such as those valued at $150,000 or less.

Probate is the legal process of validating a last will and testament to ensure that the decedent's wishes are followed. A probate judge may automatically clear wills if they're accompanied by an affidavit from the decedent, a notary, and a witness. Some assets, including financial accounts with designated beneficiaries, and funds held by certain types of trusts don't have to go through probate.

Real estate that's under probate is typically liquidated through the court system, which is most common when someone dies without a will. Home buyers who are interested in this type of property must follow special rules regarding deposits, which are sometimes nonrefundable, and buyer's premiums. Additionally, the court must approve the purchase price.