Assistance With Probate And Estate Administration
Probate is a court process for addressing the estate of someone who has died (the decedent). The process is used to settle the debts of the decedent and pass legal title of assets to the decedent’s heirs. Our attorney, Claire, at the Law Office of Claire E. Lewis know the challenges presented by probate and will assist you will every step throughout the process.
If the individual dies with a Last Will and Testament, the will needs to be proved in court to be accepted as the wishes of the decedent. If the decedent dies without a will, the probate process is used to make distribution of the estate to the decedent’s “heirs at law,” as set out in our Indiana statutes.
Does The Entire Estate Go Through Probate?
Only certain property must be probated. If the decedent owns an asset jointly with survivorship with another person, that property passes outside of probate to the surviving owner. If the decedent names a beneficiary on an asset or designates an asset to pass by way of a “payable on death” or “transfer on death” designation, then that asset is not subject to probate. Assets held in a revocable living trust do not have to go through a probate process.
If the total value of assets to be probated is less than $50,000 for decedents dying before July 1, 2022 and $100,000 for decedents dying after June 30, 2022, then assets can be passed to heirs by way of a document called an Affidavit for Transfer of Assets Without Administration, or, more commonly, a “Small Estates Affidavit.”
We Can Assist In Winding Down The Estate
Claire assists executors and personal representatives in Indiana probate court, and with the administration of trusts and other assets that bypass probate. As the representative of the estate, you have specific duties, including gathering assets, paying debts and taxes of the estate, distribution to heirs, and reporting requirements. Claire is very experienced with these requirements and will guide you through the process efficiently.