How to Determine If a Probate Estate Has Been Opened for a Decedent in Indiana
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation. Detailed Answer In Indiana, probate cases are filed in the county where the decedent resided at death or owned real property. To determine whether a probate estate has been opened, follow […]
Read article →What Information is Needed to Request Estate Files from a County Probate Division in Indiana?
Disclaimer: This article is for informational purposes and does not constitute legal advice. Detailed Answer To obtain estate files from a county probate division in Indiana, you must contact the clerk of the circuit or superior court in the county where the decedent resided or died. Indiana’s probate records are public unless sealed by court […]
Read article →What steps are needed to include real property into an estate successfully in Indiana?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance specific to your situation. Detailed Answer Including real property in a decedent’s estate in Indiana requires following the statutory probate process and ensuring clear title transfer. Below is a step-by-step overview under Indiana law: […]
Read article →What Steps Are Required to Transfer a Property Interest Located Out-of-State When All Heirs Agree in Indiana?
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Detailed Answer When a decedent owned real property outside Indiana, you typically need ancillary probate in that state. However, if all heirs agree and the jurisdiction permits a simplified transfer, you may avoid full ancillary proceedings. Follow these steps: Confirm Ownership […]
Read article →How to Obtain and Use a Court-Ordered Subpoena to Gather Estate Records in Indiana
Detailed Answer Under Indiana law, an interested party in a probate matter can use a court-ordered subpoena duces tecum to gather estate records from third-party custodians. Indiana Trial Rule 45 governs subpoenas in civil and probate proceedings (T.R. 45). 1. Confirm You’re an Eligible “Interested Person” “Interested persons” include personal representatives, heirs, devisees, creditors, or […]
Read article →What authorization forms must an heir sign to direct distribution of real property sale proceeds in Indiana?
Detailed Answer Indiana law requires heirs of a decedent’s estate to sign specific court forms to authorize distribution of proceeds from a real property sale. 1. Waiver of Notice and Consent to Sale of Real Estate Under IC 29-1-16.5-3, the personal representative petitions the court to sell real estate. If all heirs sign a written […]
Read article →How can a former spouse or survivor assert entitlement to surplus funds following the owner’s death or divorce in Indiana?
How can a former spouse or survivor assert entitlement to surplus funds following the owner’s death or divorce in Indiana? Detailed Answer When real estate generates proceeds above debts—either through a sheriff’s foreclosure sale or because a decedent’s estate sells property—those excess funds belong to entitled claimants. A former spouse or survivor must take deliberate […]
Read article →What rights does a life estate grant to a lifetime beneficiary and how is a remainder interest determined under Indiana law?
Detailed Answer Under Indiana law, a life estate grants a lifetime beneficiary (life tenant) the right to possess, use, and enjoy real property for the duration of his or her life. The life tenant may reside on the property, collect rents or profits, and make ordinary repairs. However, the life tenant must avoid waste—actions that […]
Read article →Who Is Eligible to Receive Surplus Proceeds When the Property Was Solely in the Deceased Spouse’s Name in Indiana?
Detailed Answer When a property held solely in the name of a deceased spouse generates surplus proceeds after a foreclosure or judicial sale in Indiana, state law directs how the funds pass to heirs. Two sets of statutes apply: the foreclosure distribution rules and the probate succession laws. Surplus Proceeds After Foreclosure in Indiana Under […]
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