Estate Planning

Indiana Employment Lawyers (317) 210-3416

Indiana Probate Attorney

At Amber K. Boyd Attorney at Law, we understand that navigating the probate and guardianship process in Indiana can be one of the most challenging times in your life. With our calm resolve, meticulous attention to detail, and extensive experience, we are here to guide you through this complex legal journey. Our priority is to educate and support you every step of the way, ensuring you feel informed and cared for throughout the process.

Indiana Small Estate Administration

For families dealing with estates valued at $50,000 or less, Indiana offers simpler procedures to avoid the lengthy administration process. We consider only assets solely in the deceased's name. The first option allows for collecting assets by affidavit without court involvement (Ind. Code § 29-1-8-1). The second option lets a Personal Representative distribute assets and file a Closing Statement with the Court (Ind. Code §§ 29-1-8-3 and 29-1-8-4). Initially, we’ll gather details about the deceased's assets to determine if the estate qualifies as a small estate.

Indiana Formal Administration

When the value of the deceased’s assets exceeds $50,000, formal court administration is required. We’ll help you decide between supervised and unsupervised administration.

Supervised Administration

Supervised administration means the personal representative must get court approval for all actions, which can lead to higher legal fees and longer processing times. However, this provides transparency for beneficiaries and creditors, ensuring protection for both the personal representative and the attorney.

Unsupervised Administration

Unsupervised administration involves less court oversight, making it more efficient and cost-effective. The court is involved only at key points: opening the estate, ensuring inventory preparation, and final asset distribution. The personal representative manages the estate independently, handling assets, paying claims and expenses, and distributing proceeds.

Choosing the Form of Administration

Consider these questions to decide between supervised and unsupervised administration:

Is there a Last Will and Testament specifying the form of administration?
Is the estate solvent (more assets than liabilities)?
What do local court rules require for unsupervised administration?
Who are the heirs/legatees/distributees, and what is their relationship with each other and the personal representative(s)?
How responsible and responsive are the personal representatives? What is their financial acumen and stability?
What is the potential for discord among interested parties? If litigation is likely, supervised administration may be preferable. Administration can always be adjusted by court order or at the request of an interested party if needed.

If you have any questions, please reach out to us at Amber K. Boyd Attorney at Law. We are here to help you through this difficult time with compassion and expertise.

Contact us today

We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.