Indiana Letters of Testamentary--Certified are legal documents issued by the court that provide a personal representative with the authority to administer a deceased individual's estate. The Letters are issued after a court has approved the appointment of a personal representative to the estate, and they provide proof of the representative's authority to act on behalf of the estate. There are two types of Indiana Letters of Testamentary--Certified: Certified Original Letters and Certified Copies. Certified Original Letters are the original documents issued by the court, while Certified Copies are copies of the original document that are often used for various legal purposes.
Indiana Letters of Testamentary--Certified
State:
Indiana
Control #:
IN-MPR-08
Format:
Word
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Letters of Testamentary--Certified
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FAQ
Conducting a probate in Indiana commonly takes six months to a year, depending on the situation. It can take longer if there is a court fight over the will (which is rare) or unusual assets or debts that complicate matters.
Capacity: The testator must be of sound mind. Signature: The will must be signed by the testator or by someone else at the testator's direction and in the testator's presence. Witnesses: At least two witnesses must sign an Indiana last will and testament in order for it to be valid.
A Letter of Testamentary?sometimes called a "Letter of Administration" or "Letter of Representation"?is a document granted by a local court. The document simply states that you are the legal executor for a particular estate and that you have the ability to act as such.
The first family members to inherit your estate are your children and/or grandchildren. If you don't have any children, each parent will receive 25 percent of the estate and any siblings, nieces, or nephews will receive the rest.
For intestate estates that do not qualify as small estates, or need to be administered by the court for other reason, any interested party can petition the court to be appointed the executor--also called the personal representative.
As part of the probate process, letters testamentary are issued by your state's probate court. To obtain the document, you need a copy of the will and the death certificate, which are then filed with the probate court along with whatever letters testamentary forms the court requires as part of your application.
If you die without a will in Indiana, your assets will pass to your closest relatives. These assets include only items that would have passed through a will under Indiana's intestate laws ? typically assets that you own by yourself, in your own name.
Before you can be formally recognized as the estate's executor, you have to be appointed by an Indiana probate court. To accomplish that feat, you must bring the original copy of the deceased's Last Will and Testament to the appropriate court ? which will be the court in the county where the deceased lived.
