Detailed answer — how Indiana probate proceeds when the administrator dies

When the court-appointed personal representative (often called an administrator) or an executor named in a will dies before completing the estate administration, the probate court must appoint a successor personal representative so the estate can be closed. The basic steps are:

1. Confirm and document the administrator’s death.

   Obtain a certified copy of the administrator’s death certificate. If the decedent being administered (the estate) is different from the administrator who died, make sure you have the probate case number and any existing Letters Testamentary or Letters of Administration from the court file.

2. Notify the probate court.

   File notice with the court that the personal representative has died. Most courts require a short written notice or petition and a copy of the death certificate be placed in the estate file so the court can open the matter of appointing a successor.

3. Determine whether the deceased was an executor named in a will or a court-appointed administrator.

   If the person who died was an executor named in a valid will, the will sometimes names an alternate executor. If an alternate is named, the court will often appoint that alternate. If no alternate is named, or if the administrator was appointed by the court for an intestate estate (no will), any interested person (heirs, beneficiaries, or a creditor with court standing) may petition for appointment of a successor personal representative.

4. Petition the court to appoint a successor personal representative.

   A successor is appointed by petition (sometimes called a Petition for Successor Personal Representative or Petition for Appointment). The petition should state the death of the current representative, identify interested parties, and request issuance of new Letters in favor of the proposed successor. The court will follow statutory priority rules and may hold a hearing.

5. Follow statutory priority and bond requirements.

   Indiana law sets priorities for who may be appointed personal representative (for example, a person nominated in the will, a surviving spouse, an heir, or another qualified person). The court may require a bond unless the will waives bond. Check the probate court’s local rules and the applicable Indiana statutes when preparing the petition. (See Indiana Code, Title 29: Probate law: https://iga.in.gov/legislative/laws/2023/ic/titles/29.)

6. Inventory, accounting, and continuation of administration.

   Acts already taken by the deceased representative remain valid if properly authorized by the court. The successor personal representative will generally need to step into the file, review any prior inventory or accounting, and complete outstanding duties: file a required inventory, notify creditors, collect assets, pay valid debts and taxes, and distribute remaining assets to beneficiaries or heirs under the will or intestate succession law.

7. Close the estate when administration is complete.

   After the successor performs the remaining duties the successor will file final motions or a final report and petition for distribution and discharge so the court can close the estate and discharge the personal representative.

Every probate is fact-specific. The existence of a will, the size and complexity of the estate, creditors and taxes, real property, pending litigation, and whether the deceased personal representative acted alone or with co-representatives all affect what steps the court will require.

Key Indiana law and where to look

Indiana’s probate statutes govern appointment and duties of personal representatives. See Indiana Code, Title 29 (Probate): https://iga.in.gov/legislative/laws/2023/ic/titles/29. Your county probate court’s local rules and form packets often include required forms for petitions, notices, and bond filings.

Practical checklist — documents and immediate actions

• Obtain certified death certificate for the administrator.
• Locate the probate case file, case number, and any Letters of Administration or Letters Testamentary.
• Gather the decedent’s original will (if any), asset and creditor lists, bank statements, title documents, and any inventory already filed.
• File a notice or petition with the probate court reporting the personal representative’s death and asking for a successor’s appointment.
• Identify who will serve as successor (alternate named in the will, spouse, adult child, beneficiary, or another qualified person).
• Determine whether the court will require a bond and prepare to post one or show that the will waives bond.
• Keep all estate assets secure and maintain records of any transactions or distributions already made by the deceased representative.

Helpful hints

• Act quickly to notify the court. A delay can create confusion for banks or title companies and may risk assets being mishandled.
• Preserve originals: keep the will, any Letters, and the estate file intact and avoid transferring assets without court authority.
• Communicate with beneficiaries and heirs. Clear communication reduces disputes and may speed the successor appointment.
• Check whether the will names an alternate executor. If so, present that information in your petition — courts often honor a nominated alternate.
• If the estate is small, ask the court about simplified or small-estate procedures that may avoid full administration.
• Keep careful records. The successor must complete an inventory and final accounting; accurate documentation reduces later challenges.
• Consider consulting a probate attorney. Replacing a personal representative and finishing an estate can involve complex deadlines, tax issues, and creditor claims.