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If an Executor was nominated in the Will, then they must file for Probate within 30 days of the person's death. Otherwise, they may be waiving their right to the Executor appointment. If the family chooses to file a small estate affidavit instead, then they must wait until 40 days have passed after the date of death.
As we mentioned above, Indiana only requires probate of estates worth $50,000 or more. Smaller estates do not require administration. The family or personal representative can pay bills and transfer assets using an affidavit or written statement.
A Letter of Testamentary is a document granted to the Executor of an estate by the probate court. This document gives the Executor the authority he or she will need to formally act on behalf of the decedent. It gives the right to handle financial and other affairs related to closing out the estate.
Contained or set forth in a will.
Living trusts 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).
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.
Some states may require a lawyer for submitting them to probate court, but Indiana doesn't.
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.
In Indiana, estate administration is conducted as a supervised, unsupervised, or summary proceeding. Supervised administration involves filing a petition with the court to appoint a personal representative and probate the will, if any.