Indiana Sample Letter regarding Motion to Sell Property of an Estate
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How to fill out Sample Letter Regarding Motion To Sell Property Of An Estate?
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FAQ
While the timeline can greatly vary, it typically ranges from several months to over a year, depending largely on factors like the size and complexity of the estate, the clarity of the will, and whether or not the probate process is contested.
Even if a family member quietly moves into the deceased's home, a problem will eventually arise when he or she tries to sell the property as it will not have a clear title. If you skip probate when it's required, it will eventually catch up to you. A personal representative does not have the authority to act.
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.
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.
Assets requiring Probate in Indiana are listed under the decedent's name alone. For example, a property titled solely in the decedent's name must go through Probate to be retitled. Subsequently, bank or investment accounts that are not owned jointly and have no identified beneficiary would need to pass through Probate.
Section 29-1-7.5-4 - Closing estate; procedures; termination of appointment of personal representative (a) Unless prohibited by order of the court and except for estates being administered in supervised administration proceedings, a personal representative may close an estate by filing with the court no earlier than ...
(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.
(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.
