What Is Probate?

Probate is the judicial procedure by which a deceased individual’s estate is administered, including the discharge of debts and the distribution of assets. This procedure is required in the State of Indiana when the assets in a decedent’s individual name have a value of more than $100,000. Probate involves a number of key steps:

  • assembling the decedent’s assets;
  • reviewing the provisions of a will (if there is one);
  • making necessary court submissions;
  • publishing notice for any interested parties including creditors;
  • settling outstanding valid debts;
  • filing the required income tax returns including the decedent’s final income tax return and an income tax return for the estate;
  • preparing an accounting of assets, liabilities, and expenses to the heirs, beneficiaries, and/or court; and
  • distributing the remaining assets as provided in the will or as provided by Indiana law if there is no will.

In Indiana, the probate process is primarily regulated by the Indiana Probate Code. This legislation, combined with relevant court rulings, forms the foundation for probate in Indiana. At Scott Williams Law, we provide pragmatic and strategic guidance to our clients, helping them navigate this intricate process in compliance with all pertinent Indiana laws.