Detailed answer — step-by-step guide under Indiana law

If a person who lived in Indiana dies without a valid will (intestate), the court appoints a personal representative (often called an administrator) to collect the decedent’s assets, pay debts and taxes, and distribute the remainder to heirs under Indiana’s probate laws. The basic steps to apply to serve as administrator are described below. These steps describe common practice under Indiana’s Probate Code (Title 29 of the Indiana Code): https://iga.in.gov/legislative/laws/2024/ic/titles/029

1. Confirm whether probate administration is needed

Not every asset passes through probate. Assets titled jointly, assets with beneficiary designations (life insurance, retirement accounts), and assets held in trust generally pass outside probate. If most assets pass outside probate, you may not need to open a full estate. If probate is required because the decedent owned assets in their sole name, you will usually need to open an administration case in the probate court of the county where the decedent lived.

2. Identify the proper court and forms

File in the probate division of the circuit or superior court in the county where the decedent was domiciled at death. The Indiana Judicial Branch provides probate information and links to local courts here: https://www.in.gov/judiciary/probate/

3. Who has priority to serve?

Indiana law gives priority for appointment to certain people (for example, a surviving spouse, an adult child, other next of kin, or a creditor in some circumstances). If more than one person of equal priority petitions, the court will decide among them. The court will also consider whether the proposed administrator is suitable and able to carry out fiduciary duties.

4. Prepare and file a Petition for Administration

The main document to start the case is a Petition for Administration (or Petition to Appoint Personal Representative). Typical attachments include a certified copy of the death certificate, a proposed order, the names and addresses of heirs and beneficiaries, an inventory or estimate of assets, and the petitioner’s relationship to the decedent. The petition asks the court to appoint you as personal representative and to issue letters of administration (also called Letters Testamentary or Letters of Administration).

5. Bond and fiduciary duties

The court may require the personal representative to post a bond to protect estate creditors and heirs. The amount and whether bond will be waived or reduced depends on the estate’s size and whether heirs consent. Indiana statutes and local court rules govern bonding and the duties of a personal representative. See Title 29, Indiana Code: https://iga.in.gov/legislative/laws/2024/ic/titles/029

6. Notice and appointment

After the petition is filed, the court usually sets a short hearing or issues an order after required notice is given to heirs and interested parties. The court will issue Letters of Administration after appointment. The court may also set deadlines for filing inventories and creditor notices. The probate clerk will explain required notices and deadlines for creditor claims and for distribution.

7. Collect assets, pay debts, file inventories and reports

Once appointed, the administrator locates estate assets, secures property, notifies creditors, pays lawful debts and taxes, and files required inventories and accounting reports with the court. The exact filing requirements and timelines depend on the type of administration (supervised vs. unsupervised) and local rules.

8. Distribution and closing the estate

After debts and taxes are paid and the court approves final accounting, the administrator distributes remaining assets to the heirs according to Indiana’s intestate succession rules and closes the estate. For statutory guidance about distribution rules and intestacy, review Title 29 of the Indiana Code: https://iga.in.gov/legislative/laws/2024/ic/titles/029

Common documents you will likely need

• Certified death certificate
• Petition to appoint personal representative
• List of surviving heirs with addresses
• Preliminary inventory or list of known assets and debts
• Proof of your identity and relationship to decedent
• Surety bond (if required)
• Filing fee (varies by county)

Practical timeline

Timelines vary. In many cases, the court can appoint an administrator within a few weeks of filing if documents are in order and no disputes arise. Settling the entire estate can take months to more than a year depending on asset complexity, creditor claims, tax matters, and whether the administration is supervised.

When you should consider getting attorney help

Consider hiring an Indiana probate attorney if there are contested claims, unclear heirs, significant taxes, contested appointment, business interests, or complex assets. An attorney can prepare filings, advise on bond, handle creditor disputes, and help with tax and distribution matters.

Relevant state statutory material (general): Indiana Code, Title 29 (Probate Code): https://iga.in.gov/legislative/laws/2024/ic/titles/029. For county-specific filing procedures and forms, contact the local probate court clerk or visit the Indiana Judicial Branch probate information: https://www.in.gov/judiciary/probate/

Helpful hints

• Start by calling the probate clerk in the county where your mother lived. Clerks often explain basic local filing steps and provide required forms.
• Gather basic documents before filing: death certificate, bank statements, deeds, titles, and lists of possible creditors and heirs.
• If possible, get written consent from other heirs to waive bond — courts often reduce or waive bond when all heirs agree.
• Keep detailed records and copies of everything you file or receive. Good records make accounting and distribution much easier.
• Watch statutory deadlines for creditor claims and filings; missing deadlines can create personal liability for the administrator.
• If an estate asset has a beneficiary designation (retirement accounts, life insurance), those pass outside probate — check titles before assuming the asset belongs to the probate estate.
• Be cautious if someone disputes your appointment. A contested appointment benefits from legal representation early.
• Use official sources: Indiana Code Title 29 for law (https://iga.in.gov/legislative/laws/2024/ic/titles/029) and the Indiana Judicial Branch for forms and local contacts (https://www.in.gov/judiciary/probate/).