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If the estate must go through probate, the probate court will legally confirm your appointment as executor with what are called letters testamentary (sometimes called surrogate certificates).
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.
(g) Except as provided in subsection (h), the will of the decedent shall not be admitted to probate unless the will is presented for probate before the latest of the following dates: (1) Three (3) years after the individual's death.
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.
Any estate worth more than $50,000 is subject to probate in Indiana.
If there is no Last Will and Testament, then any one of the heirs usually opens the probate estate with the local court. The probate code in Indiana states who are the heirs. For example, if a surviving parent dies, then the children of the deceased will share equally in the estate.
Is Probate Required in Indiana? Any estate worth more than $50,000 is subject to probate in Indiana. Estates worth less than $50,000 transfer ownership to heirs through the small estate administration with a written statement proving entitlement to the assets.
In Indiana, smaller estates can escape the need to go through probate. If a person's estate is worth less than $50,000, it may not be necessary. Affidavits must be filed, however, swearing to this. Another way to avoid probate in Indiana is with a living revocable trust.