Indiana Notice of Administration

State:
Indiana
Control #:
IN-MPR-09
Format:
PDF
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Description

Notice of Administration

The Indiana Notice of Administration is a legal document issued by a probate court in the state of Indiana. It is used when a deceased person's estate is being administered through the court. This document is sent to the deceased's creditors and heirs, informing them of the estate administration process and allowing them to make claims against the estate. There are two types of Indiana Notice of Administration: Form 3-1 for small estates, and Form 3-2 for large estates. The small estate form is used when the total value of a deceased's estate is $50,000 or less, while the large estate form is used when the estate's total value is over $50,000. The form must be filed with the probate court within thirty days of the decedent's death, and must be accompanied by any necessary documents such as the will, death certificate, and other proof of title. The form must also include information about the heirs, executor, and other interested parties.

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FAQ

The court, on petition by any person or on its own motion, may appoint a temporary guardian for the incapacitated person or minor for a specified period not to exceed ninety (90) days.

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.

Legal transfer of assets cannot happen. If the estate is large enough to trigger probate, any assets owned by the deceased (without a beneficiary designation) cannot be transferred to any member of the family without court approval.

The affidavit must be signed and recorded with the county recorder's office before a personal representative is appointed in the probate case, and the petition to appoint the personal representative is filed more than five months after the date of death. (Ind. Code §§ 29-1-7-15.1(b) and 29-1-7-23(f).)

In general, expect it to take at least six months up to a year before probate is closed and the assets distributed to the heirs. If there are disputes, claims against the estate or other delays, it could take much longer.

(d) All claims barrable under subsection (a) shall be barred if not filed within nine (9) months after the death of the decedent. (e) Nothing in this section shall affect or prevent any action or proceeding to enforce any mortgage, pledge, or other lien upon property of the estate.

In Indiana, you can make a living trust to avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

Indiana law says that a small estate affidavit must: Provide the name, address, Social Security number and date of the decedent's death. State that the value of the assets in the estate is less than $50,000. State that 45 days have passed since the death.

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Indiana Notice of Administration