Detailed Answer
Short answer: In Indiana, unauthorized charges against a decedent’s assets are addressed through the probate process by requiring the personal representative to identify and justify all disbursements, by allowing interested parties to object and seek court remedies (accounting, surcharge, removal), and by permitting civil or criminal actions for conversion or theft when appropriate. The exact remedies and steps depend on whether the charge was a creditor’s claim, a wrongful withdrawal by a fiduciary or third party, or ordinary estate administration expense.
How probate in Indiana organizes responsibility
When someone dies, the court appoints a personal representative (executor or administrator). That person must collect assets, pay valid debts and taxes, and distribute what remains to heirs or beneficiaries under Indiana probate law (see Indiana Code, Title 29: https://iga.in.gov/legislative/laws/2024/ic/titles/29).
What counts as an “unauthorized charge”?
- Withdrawals or transfers from the decedent’s accounts that were not authorized by the will, by statute, or by the personal representative.
- Charges made by a caregiver, family member, or financial manager that exceed authority (including misuse under a power of attorney if the conduct occurred while the decedent was alive).
- Services billed to the estate that are not reasonable or were never provided.
Typical probate mechanisms to detect and challenge unauthorized charges
Several tools exist within the probate process to address improper charges:
- Inventory and accounting. The personal representative must collect assets and provide accountings to the court and interested parties. Review these statements carefully for unexpected withdrawals or payments.
- Notice to creditors and claims process. The estate pays valid creditor claims before distributions. If a charge represents a claimed debt, the probate creditor-claim procedures determine allowance or rejection. (See Indiana probate statutes: Title 29.)
- Objecting to transactions. If you see an unauthorized charge, you can file an objection with the probate court asking the judge to disallow the item, require the representative to explain it, or reverse the payment.
- Petition to surcharge or remove the personal representative. If the representative spent estate funds improperly or failed to protect assets, an interested person can petition the court to surcharge (make the representative repay) or to remove them for breach of fiduciary duty.
Remedies outside the probate court
Some wrongful charges may also give rise to civil or criminal claims:
- Civil actions. Beneficiaries or the estate can sue for conversion, breach of fiduciary duty, unjust enrichment, or fraud to recover funds taken without authority.
- Criminal reporting. If the conduct appears to be theft, fraud, or financial exploitation, report it to local law enforcement or adult protective services. Criminal prosecution is separate from probate remedies.
Practical steps to take right away
- Request a full accounting and copies of bank statements and ledgers from the personal representative.
- Gather documentation: the will, bank records, bills, receipts, any powers of attorney, and communications that show authorization or its absence.
- Notify the personal representative in writing about the specific charge(s) you believe are unauthorized and ask for an explanation and supporting documentation.
- If the issue is not resolved, file a written objection or petition with the probate court where the estate is open. Ask the court for an accounting, surcharge, reversal of the transaction, or removal of the representative as appropriate.
- Consider civil litigation for recovery of misapplied funds and contact law enforcement if theft or elder exploitation is suspected.
What to expect in court
The court will require evidence and will follow probate rules and Indiana statutes to decide whether the payment was proper. If the court finds unauthorized conduct, it can order repayment, assess damages, replace the personal representative, and approve other equitable relief. The court’s priority is to protect estate assets for creditors and rightful heirs.
Where to find Indiana rules and further reading
Indiana’s probate statutes are collected in Title 29 of the Indiana Code. Start there for statutory provisions on administration, fiduciary duties, notice to creditors, and accountings: https://iga.in.gov/legislative/laws/2024/ic/titles/29.
Note: Times and procedural requirements for claims, objections, and accountings are governed by statute and local court rules. Consult the probate court clerk where the estate is filed for local forms and deadlines.
Disclaimer
This information is educational only and is not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Indiana attorney or the probate court.
Helpful Hints
- Keep calm and document everything. Dates, amounts, and copies of communications and bank records are critical.
- Ask for a written accounting early — many problems are resolved once transactions are explained and documented.
- Act promptly. Probate timelines and potential statutes of limitations may limit your options.
- If a family member is the personal representative and you suspect misuse, raise the issue with the court rather than private confrontation to preserve remedies.
- Consider a probate attorney for contested accountings or petitions to surcharge/remove a personal representative; contested probate matters can be procedurally complex.
- If elder financial exploitation is possible, also notify local law enforcement and adult protective services so they can investigate criminal or protective matters.
- Use the Indiana Code (Title 29) to reference specific statutory language when preparing filings: https://iga.in.gov/legislative/laws/2024/ic/titles/29.