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

If your spouse has died and you believe a Camp Lejeune-related claim may exist (exposure-related personal injury, survival claim, or wrongful death), you may need to open a probate estate in Indiana so an authorized personal representative can pursue claims on behalf of the decedent’s estate or the survivors. The probate process appoints that personal representative (executor or administrator) and gives the authority to gather assets, pay debts, and pursue or settle claims.

1. Confirm whether you must open an estate.

   Whether you need a formal probate depends on: (a) whether the decedent left a will; (b) whether the decedent’s assets pass outside probate (joint accounts, POD/ITF designations, life insurance, retirement benefits); and (c) whether the claim you want to pursue belongs to the decedent’s estate or to surviving family members directly. Some Camp Lejeune claims may survive the decedent as estate claims; others (for example, a personal injury claim that already belonged to the decedent) may need to be pursued by the estate’s personal representative. Talk with an attorney to determine the best path.

2. Locate the original will (if any) and the decedent’s county of residence at death.

   If there is a will, the original should be filed with the clerk of the circuit or superior court in the county where the decedent lived. If there is no will, you will petition the same court to appoint an administrator. Indiana’s probate rules and procedures are found in the Indiana Probate Code (Title 29). See Indiana Code, Title 29: https://iga.in.gov/legislative/laws/2024/ic/titles/029/.

3. File a petition to open probate and appoint a personal representative.

   Typical filings include: Petition for Probate of Will and Issuance of Letters Testamentary (if there is a will) or Petition for Administration and Issuance of Letters of Administration (if no will). The court will require a certified death certificate, the original will (if any), and other local forms. The court will issue Letters Testamentary or Letters of Administration that legally empower the personal representative to act for the estate.

4. Give required notices and identify heirs/creditors.

   The personal representative must notify interested persons (heirs and beneficiaries) and often publish notice to creditors according to court rules. This step helps resolve creditor claims and clarifies who has standing to object or to share in estate assets. Follow the court’s directions carefully.

5. Gather, inventory, and, if necessary, appraise estate assets and potential claims.

   The personal representative must collect assets, which can include a cause of action or claim related to exposure (such as a Camp Lejeune claim). The estate inventory lists assets and their values. If the Camp Lejeune claim is to be pursued by the estate, document the claim thoroughly (medical records, military records, residence records showing presence at Camp Lejeune, exposure dates, and any VA or administrative claim materials).

6. Evaluate and pursue the Camp Lejeune claim.

   Camp Lejeune-related claims arise from federal legislation and administrative rules that may set procedural requirements, filing timelines, and eligibility rules. Whether the estate or individual survivors should file depends on the nature of the claim (survival action, wrongful death, or personal injury). The Department of Veterans Affairs and federal resources provide background on medical and benefits pathways; civil tort remedies under the Camp Lejeune statutes have their own rules and potential deadlines. See the VA’s informational page on Camp Lejeune exposure for survivors and veterans: https://www.va.gov/disability/eligibility/hazardous-materials-exposure/marine-corps-base-camp-lejeune/.

7. Resolve debts, distribute remaining assets, and close the estate.

   After paying valid debts and taxes and resolving or settling claims (including any settlement or judgment related to Camp Lejeune exposure), the personal representative petitions the court for final accounting and discharge. The court will close the estate when it is satisfied the representative performed duties correctly.

Where to file and who to contact: File in the probate division of the circuit or superior court in the Indiana county where the decedent lived. The Indiana Probate Code (Title 29) governs these proceedings: https://iga.in.gov/legislative/laws/2024/ic/titles/029/.

Special procedural notes

• If the estate is small, Indiana law sometimes allows simplified collection procedures for small personal-property estates. Check local rules and court forms or ask a probate clerk whether a simplified procedure applies.
• Timing and notice requirements vary by county and by whether there is a will. Expect to provide proof of death, identity documents, and original wills to the court.
• Courts may require bond from the personal representative unless waived by the will or ordered by the court.

Why probate matters for a Camp Lejeune claim

If the decedent’s legal claim survives death, only the estate’s authorized personal representative can bring or settle that claim on behalf of the estate. If survivors (spouse or children) have direct wrongful-death or survivor claims, those may be filed by the survivors directly, but an estate may also have claims separate from survivor claims. Proper probate administration clarifies who has authority and protects potential recovery for the intended beneficiaries.

Helpful hints

• Collect key documents immediately: certified death certificate, original will, marriage certificate, military service records (DD‑214), lease or housing records showing presence at Camp Lejeune, medical records, and any VA correspondence.
• Keep a file of all court papers, receipts, inventories, and correspondence. Courts expect organized records for accounting and closing the estate.
• Contact the clerk of the probate court in the county where the decedent lived for local forms and procedural checklists. The Indiana Probate Code (Title 29) provides the statutory framework: https://iga.in.gov/legislative/laws/2024/ic/titles/029/.
• Determine quickly whether a simplified or small-estate procedure applies in your county; it can save time and cost for low-value personal-property estates.
• Preserve evidence relevant to Camp Lejeune exposure: water residency dates, addresses on base, service records, and treating physician notes linking injuries to exposure.
• Seek a lawyer early if you expect to pursue a Camp Lejeune civil claim. Federal statutory windows and administrative processes can be complex. For background on VA disability and benefits related to Camp Lejeune exposure, see: https://www.va.gov/disability/eligibility/hazardous-materials-exposure/marine-corps-base-camp-lejeune/.
• If you are unsure whether the claim belongs to the estate or to survivors individually, a short consultation with a probate attorney and a lawyer experienced with Camp Lejeune claims can clarify the right plaintiff and the right timing.
• Be mindful of taxes and possible estate tax returns; even when pursuing claims, estates must comply with tax filing obligations.