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If you seek to be appointed personal representative and retain legal counsel, your attorney will prepare the necessary documents and file them with the court on your behalf in order to secure the proper authority to take action to administer the estate. Once the court issues the necessary order approving and opening the estate, you will be given the required documents (called “Letters”) that give you legal authority to handle the estate assets in the appropriate manner.
The probate process generally begins fairly shortly after a passing, with grieving parties typically contacting attorneys after the funeral and burial. There is no rush to begin probate; in fact, it may benefit you to wait, as creditors’ claims on certain real estate assets can potentially be avoided. However, Indiana probate law requires that the process be completed within a year of starting.
Filing probate documents electronically is actually required in Indiana. Certain exceptions may apply to this rule if you are not represented by legal counsel, but the general rule in Indiana is that probate documents must be filed electronically.
Attorney Thomas E. Scifres is a seasoned lawyer based in Salem, IN who has helped countless clients just like you navigate the intricacies of probate law. With more than 30 years of qualified experience, he is prepared to assist you in your estate settlement so that you can focus on your family during this difficult time.
Still have questions? Ready to get started? Contact Thomas E. Scifres today to schedule a free initial consultation.
When an estate petition is filed, it’s important that you notify all heirs and beneficiaries. The most common means of notification will be through certified mail, but the heirs in question may also be notified through direct service or publication with proper permission from the courts.
All heirs and beneficiaries will typically be asked to sign a waiver along with the initial filing to acknowledge that they have received notice of probate proceedings and have no objections. This is done to avoid potential hearings due to disagreements in the probate proceedings.
If the courts grant for the petition to be opened after a personal representative is appointed, the court will issue testamentary letters requesting tax identification information for the estate from the IRS. After gathering the proper information, the appointed representative will be required to open a checking account that will be used for all monetary transactions performed by the estate.
I like to assist my clients in filing any necessary documents and preparing the estate inventory. This inventory takes account of all the substantial assets of the estate and is an important aspect of proceeding with probate. Your attorney will also guide you through your duties as a personal representative to ensure that your filing is complete and in accordance with proper procedure.
The only probate document that you may encounter an issue with is the original will, which Indiana probate law requires to open the estate. In the event that you cannot locate the original will, you can petition the court to proceed with a signed copy of the will to support the rest of your initial paperwork.
I have actually handled personal cases in my own family where presenting the original will became an issue. When my father passed two years ago, his will had been prepared by another attorney at my law firm, who had placed it in a safety deposit box. As I could not access the will, I could not be appointed as a personal representative. The moral of the story is to be sure that you remain in contact with your attorney and that the original will is accessible.
The probate process is set up to practically work in favor of the interests of the deceased party’s intent, so there is nothing to worry about in terms of making a mistake with your documents. Mistakes can be remedied, and the court’s primary goal is to ensure that the wishes of the deceased are honored.
Generally, if you make an error, this will be corrected as information becomes available. For instance, if a signed copy of the will is filed because the original will cannot be found, the court must be notified if and when the original document is located. This way, all parties involved will be properly notified of all changes to documentation.
Still Have Questions? Ready To Get Started?
For more information on Filing Probate Documents In Washington County, Indiana, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (812) 359-8007 today.
Attorney Thomas E. Scifres is a seasoned lawyer based in Salem, IN who has helped countless clients just like you navigate the intricacies of probate law. With more than 30 years of qualified experience, he is prepared to assist you in your estate settlement so that you can focus on your family during this difficult time.
Still have questions? Ready to get started? Contact Thomas E. Scifres today to schedule a free initial consultation.
