How does an incomplete or missing marriage certificate affect a surviving spouse's allowance claim in Indiana?
Detailed Answer Under Indiana law, a surviving spouse can request a family allowance from the decedent’s estate to cover living expenses during probate. Indiana Code §29-1-12-1 (IC 29-1-12-1) entitles a spouse to a reasonable allowance regardless of the will. To prove entitlement, the spouse must demonstrate a valid marriage. A certified marriage certificate serves as […]
Read article →What is the process and timeline for applying to become the personal representative of an estate in Indiana?
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Detailed Answer Under Indiana law, a personal representative (formerly called executor) administers a decedent’s estate. The probate process begins in the county where the decedent lived. Here’s how to apply and how long it usually takes: Prepare and File a […]
Read article →What Steps Protect a Minor’s Inheritance When the Decedent Didn’t Leave a Will in Indiana (IN)
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation. 1. Open Probate Under Indiana Intestate Succession Laws When someone dies without a will in Indiana, their estate proceeds through intestate succession. The court appoints an administrator to manage the […]
Read article →What mechanisms ensure the administrator complies with estate duties and bond requirements in Indiana?
Understanding Compliance Mechanisms for Indiana Estate Administrators Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer 1. Court-Required Bond and Bond Reviews Under Indiana law, an administrator must post a bond before acting on behalf of the estate. […]
Read article →Can a Personal Representative Seek a Commission on Estate Assets and Sale Proceeds in Indiana?
Detailed Answer Under Indiana law, a personal representative may request a commission for managing estate assets and proceeds from their sale. The court must approve these commissions based on statutory guidelines in Indiana Code Title 29, Article 1, Chapter 8 (IC 29-1-8). Indiana Code directs the probate court to allow “reasonable commissions” for personal representatives. […]
Read article →What steps are required to locate, inventory, and distribute estate assets and settle debts in Indiana?
Disclaimer: This article provides general information and does not constitute legal advice. Detailed Answer 1. Appointment of a Personal Representative Under Indiana law, the probate court appoints a personal representative (formerly executor) to manage estate affairs. See Indiana Code §29-1-2-1. 2. Locating and Securing Assets The personal representative must identify and secure all estate assets, […]
Read article →How do intestacy rules apply if no valid will is found in Indiana?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice on your specific situation. Detailed Answer When a person dies without a valid will in Indiana, their property passes under the state’s intestacy laws. Indiana Code Title 29, Article 1, Chapter 2 governs intestate […]
Read article →Which court or county office handles estate administration and unclaimed property claims in Indiana?
Disclaimer: I am not a lawyer. This article is for informational purposes and does not constitute legal advice. Detailed Answer Estate Administration in Indiana Estate administration in Indiana falls under the probate jurisdiction of county-level courts. Each county uses one of the following: Probate Division of the Superior Court Circuit Court (in counties without a […]
Read article →What steps are required to open an estate proceeding in Indiana when no probate case exists?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Indiana attorney for guidance specific to your situation. Detailed Answer When no probate case exists, you must formally open an estate proceeding in Indiana. Below are the key steps to initiate administration or probate: Confirm Probate Is NecessaryIf […]
Read article →What documentation is required to apply for letters of administration in Indiana?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance. Detailed Answer Under Indiana law, you must file a petition for letters of administration to serve as a personal representative of a decedent’s estate. Per Indiana Code § 29-1-7-5, this petition must include certain documents […]
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