Disclaimer: This content is intended for educational purposes only and does not constitute legal advice.
Detailed Answer
When someone dies without a valid will (intestate) in Indiana, the court appoints an administrator to manage and distribute the decedent’s estate. The following steps outline how to apply for Letters of Administration and the key forms you’ll need. All form downloads are available on the Indiana Judiciary website: https://www.in.gov/judiciary/legal-community/probate-forms/.
- Determine Eligibility: Under Indiana Code § 29-1-5-1, priority goes to the surviving spouse or next of kin. Anyone over age 18 without disqualifying criminal convictions may serve.
- Prepare the Petition:
- Use Probate Form PC 31-3 (Petition for Letters of Administration).
- Attach a certified copy of the death certificate.
- List all heirs with current addresses.
- File with Probate Court:
- File your petition and attachments in the decedent’s county probate court.
- Pay the statutory filing fee (check local county schedule).
- Bond and Oath:
- If required by the court or under Indiana Code § 29-1-10-1, procure a fiduciary bond using Form PC 31-18 (Surety Bond).
- Complete Form PC 31-15 (Oath of Personal Representative).
- Notice Requirements:
- Serve Form PC 31-13 (Notice of Administration) on known heirs and beneficiaries.
- Publish notice to unknown creditors using Form PC 31-36 (Notice to Creditors).
- Court Hearing and Issuance:
- The court may schedule a hearing. Attend and confirm your petition.
- Upon approval, the judge signs Form PC 31-4 (Order Appointing Personal Representative), which constitutes the Letters of Administration.
- Service of Letters: Provide certified copies of the signed Letters of Administration to banks, title companies, and other entities holding estate assets.
Key statutes:
- IC 29-1-5-1 (Order of appointment for intestate estates)
- IC 29-1-10-1 (Requirement for fiduciary bonds)
Helpful Hints
- Double-check local court rules; fees and procedures can vary by county.
- Gather all heir information before filing to avoid delays.
- If the estate is small, check if you qualify for simplified procedures under Indiana Code § 29-1-11-1.
- Keep meticulous records of all notices and filings for your fiduciary report.
- Consider consulting a probate attorney if you encounter contested claims or complex assets.