Best Probate Lawyers in Indianapolis, IN

FAQs

• What is the non-emergency contact number for the local police station in Indianapolis, Indiana?

  The Indianapolis Metropolitan Police Department can be reached at (317) 327-3811.

• Where can I get a copy of police reports for incidents related to my case in Indianapolis, Indiana?

  Purchase a police report in person at the Indianapolis Metropolitan Police Department's Citizens' Service Office in Room E100 of the City-County Building at 50 N. Alabama St., Indianapolis, IN 46204. Office hours are between Mondays to Fridays 8:00 a.m.-3:45 p.m. and closed at 12:00 p.m.-12:45 p.m. Similarly, requests can be mailed to the same address. Call the IMPD at (317) 327-3811 for more details.

• Can you receive payment for serving as an executor in an Indianapolis estate?

  When you serve as an executor in an Indianapolis estate, you will be paid back any out-of-pocket expenses incurred while fulfilling your duties. You may also be endowed with statutory fees if the will does not specify how much you will be given. The fees depend on the size of the estate and the court in Marion County will have to provide written approval regarding the fees.

• What should you do to make a small estate in Indianapolis undergo an alternative process to probate?

  To make a small estate in Indianapolis undergo an alternative process to probate, all the heirs of the small estate should submit an affidavit that states why they have a right to the specific assets. It has to be submitted with the death certificate to the party that holds the property. An heir will receive the designated asset once the documents are accepted. This alternative to the probate process is only applicable to estates with a gross value of less than $50,000.

• How can you avoid ancillary probate proceedings in Indianapolis?

  If you have properties in another state, there are various ways to avoid ancillary probate proceedings, and one of these is to place the property in a revocable living trust. You may also avoid such proceedings by co-owning the property with someone else through joint tenancy, community property with a right to survivorship, or tenancy by entirety. Another way to bypass ancillary probate in Indianapolis is to place the property on a transfer-on-death deed.

• How can the probate clerk of court help your case in Indianapolis?

  The probate clerk of court cannot provide legal advice, but they can answer questions regarding general matters and administrative concerns. For your Indianapolis case, contact the Marion Superior Court’s Civil Division in Room D08 on Community Justice Campus. Its address is 675 Justice Way, Indianapolis, IN 46203, and the contact number is (317) 327-4740. The court handles guardianship, estate administration, and probate cases.

• What are the expenses entailed in a probate proceeding in Indianapolis?

  There will be expenses in inventorying, appraising, and selling personal or real property in an estate. Additionally, there will be court costs, filing fees, tax requirements, and lawyer and accountant fees. Debts from creditors and claims from relevant parties would also have to be paid by the estate. The total costs of probate would depend on how complex an estate in Indianapolis is and whether there are many issues surrounding it.

• What does a probate attorney do?

  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.

• What is probate court?

  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.

• How long do you have to file probate after death?

  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.

• Does life insurance go through probate?

  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.

• Do household items go through probate?

  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.

• Do bank accounts with beneficiaries have to go through probate?

  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.

• What happens if no probate is filed?

  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.

• What is probate real estate?

  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.

• Can I probate a will or estate without an attorney?

  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.

• How many years can an estate remain in probate?

  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.

• When is a will's probate an automatic process?

  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.

• What does it mean when property is under 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.