Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When a person passes away in Indiana, the appointed personal representative must gather key documents and certificates to open the estate in probate court, identify assets, and distribute property according to the will or state law. Under Indiana Code § 29-1-1-2, the probate court has exclusive jurisdiction over estates, so you must file the original will and provide certified documents to support your petition. Below is a list of the most important items to collect:
- Original Will and Codicils: Locate the decedent’s original will and any amendments. File these with the probate petition.
(Ind. Code § 29-1-2-2: https://iga.in.gov/laws/2023/ic/titles/29#29-1-2-2) - Certified Death Certificate: Order multiple certified copies from the county health department. You typically need several for banks, insurers, and title companies.
(Ind. Code § 29-2-7-2: https://iga.in.gov/laws/2023/ic/titles/29#29-2-7-2) - Asset Documentation:
- Real estate deeds and mortgage statements
- Vehicle titles and registrations
- Bank and investment account statements
- Life insurance policies, annuities, IRAs, 401(k)s
- Credit and Debt Records: Recent bills, credit-card statements, and loan documents help identify debts that must be paid from the estate.
- Tax Returns: Federal and Indiana income tax returns for at least the past three years. These assist in preparing a final estate tax return if required.
- Business and Partnership Documents: Operating agreements, shareholder agreements, partnership records, and business licenses for any entities in which the decedent held an interest.
- Personal Identification: Social Security number, marriage certificate (if titled property), military discharge papers (DD214) if veteran benefits may apply.
- Safe-Deposit Box Information: Location, bank name, and any known keys or access codes.
- Beneficiary and Heir Information: Contact details for heirs, beneficiaries, and known creditors.
With these documents in hand, the personal representative can file a petition for probate in the county where the decedent lived (see Ind. Code § 29-1-4-2) and serve notice on interested parties. Collecting certified copies and originals upfront speeds up estate administration and avoids delays in distributing assets.
Helpful Hints
- Order at least five certified death certificates—some institutions require multiple copies.
- Check Indiana’s Unclaimed Property database for forgotten assets at ucpi.indiana.edu.
- Search the county recorder’s office for unrecorded deeds or liens.
- Contact financial institutions early to learn their document requirements.
- Keep a master list of all documents and note where each original is stored.
- Consult an estate attorney if you encounter complex assets, out-of-state property, or will contests.