Indianapolis Probate Attorney

Trusted Legal Guidance for Your Estate Planning Needs

Losing a loved one can be an emotionally devastating experience, and the added stress of navigating the complicated logistics of probate can be overwhelming. At the Law Offices of Eugene Mogilevsky, LLC, we recognize the challenges you are facing and are committed to providing compassionate, supportive legal guidance during this challenging time. 

Our dedicated Indianapolis probate attorney is here to provide the compassionate support and expert legal guidance you need to navigate the probate process with confidence. Whether you are administering an estate, contesting a will, or seeking advice on probate avoidance strategies, our team is committed to delivering personalized, results-driven representation to protect your interests and achieve the best possible outcome for you and your family.

If you are facing probate in Indianapolis, reach out to us online or call us at (317) 743-7958 to see how we can help you and your family. 

Understanding the Probate Process

Probate is the legal process through which a deceased person's assets are identified, debts are paid, and the remaining assets are distributed to heirs or beneficiaries according to the decedent's will or Indiana state law. The process is overseen by the probate court and is typically required when a person dies with property in their name. 

Here are some of the key steps of probate in Indiana:

• Opening the probate process: In Indiana, the probate process begins with the appointment of a personal representative (also known as an executor or administrator) by the probate court. The personal representative is responsible for administering the decedent's estate and ensuring that all legal requirements are met. If the deceased person left a will, the named executor in the will typically serves as the personal representative. If there is no will, the court will appoint an administrator, usually a close relative of the decedent. Once appointed, the personal representative must provide notice to all interested parties, including heirs, beneficiaries, and creditors.
• Inventorying and appraising assets: A crucial step in the Indiana probate process is identifying and inventorying the decedent's assets. The personal representative is responsible for locating and securing all assets owned by the deceased person, including real estate, personal property, bank accounts, investments, and insurance policies. An appraisal may be necessary to determine the fair market value of certain assets at the time of death. This inventory must be filed with the probate court within two months of the personal representative's appointment.
• Paying debts, taxes, and expenses: Before distributing the estate's assets to the heirs or beneficiaries, the personal representative must ensure that all valid debts, taxes, and expenses are paid. This includes settling any outstanding bills, paying funeral expenses, and addressing any claims made by creditors. In Indiana, creditors have three months from the date of the personal representative's appointment to file their claims. The personal representative must also file any required state and federal tax returns on behalf of the deceased person, as well as pay any taxes owed by the estate.
• Distributing assets and closing the estate: Once all debts, taxes, and expenses have been paid, the personal representative can distribute the remaining assets to the heirs or beneficiaries according to the decedent's will or, if there is no will, according to Indiana's intestate succession laws. The personal representative must maintain accurate records of all transactions and provide a final accounting to the probate court. Once the court approves the final accounting and all other legal requirements have been satisfied, the personal representative will be discharged, and the estate will be closed.

Navigating the probate process in Indiana can be complex and time-consuming. Working with an experienced probate lawyer in Indianapolis can help ensure that the process runs smoothly and efficiently, providing you with the support and guidance you need during this challenging time.