Overview of Probate and Estate Administration in Indiana

Probate is the court-supervised process of settling a deceased person’s estate. In Indiana, probate proceedings are handled in the local circuit or superior court and are governed by Indiana Code Title 29. The process ensures debts are paid, assets are distributed properly, and legal disputes are resolved.

Estate administration may be required whether the decedent died with a will (testate) or without a will (intestate). Even relatively simple estates can become complicated due to creditor claims, family disputes, or unclear asset ownership.

Types of Probate Proceedings

Formal Probate

Formal probate is required when:

• The estate is contested
• Real estate is involved
• The will’s validity is challenged
• Creditors’ claims must be resolved

Small Estate Administration

Indiana allows simplified administration for qualifying small estates, reducing time and expense. Eligibility depends on asset value and ownership structure.

Key Responsibilities of Personal Representatives

Personal representatives (executors or administrators) must:

• Identify and inventory estate assets
• Notify beneficiaries and creditors
• Pay valid debts and taxes
• Manage estate property
• Distribute assets according to the will or intestacy laws
• File required court documents

Failure to follow these duties may result in personal liability.

Common Probate and Estate Disputes

Disputes may arise involving:

• Will contests
• Undue influence claims
• Breach of fiduciary duty
• Creditor disputes
• Disagreements among heirs

An attorney helps resolve disputes efficiently and protects the estate from unnecessary litigation.

Guardianships in Indiana

Guardianship proceedings arise when an individual is unable to manage personal or financial affairs due to:

• Minor status
• Cognitive impairment
• Disability
• Illness or injury

Types of Guardianships

• Guardianship of the person
• Guardianship of the estate
• Temporary or emergency guardianships

Indiana courts require guardians to act in the best interests of the protected person and provide ongoing reports.

Why Legal Counsel Matters

Probate and guardianship proceedings are highly procedural and deadline-driven. An Indiana attorney helps:

• Avoid delays and errors
• Reduce family conflict
• Ensure compliance with court requirements
• Protect fiduciaries from liability

Probate and guardianship matters can feel overwhelming without proper guidance. Call (317) 773-4400 to work with an experienced probate attorney serving Noblesville, Hamilton County, Indianapolis, and Central Indiana.

Serving Noblesville, Hamilton County, Indianapolis, and Central Indiana

Our firm proudly serves clients in Noblesville, throughout Hamilton County, and across Indianapolis and Central Indiana. With deep knowledge of local courts, judges, procedures, and community resources, we provide practical, results-focused legal representation tailored to the unique needs of individuals, families, and businesses in this region.

Whether your legal matter is filed in Hamilton County courts, involves agencies or courts in Indianapolis, or arises elsewhere in Central Indiana, our attorneys understand the local legal landscape and how to navigate it efficiently. We combine regional insight with personalized attention, ensuring that every client receives trusted guidance close to home.

📞 Call 317-773-4400 to schedule a confidential consultation
📍 Serving Noblesville, Hamilton County, Indianapolis & Central Indiana