Probate and Trust Administration

When a loved one dies, their assets cannot be distributed until the estate goes through probate - even if they have a valid will. Probate is a court-supervised procedure of administering the individually-owned assets of the decedent. The process can be stressful, time-consuming, and costly to navigate.

At Applegate & Dillman Elder Law, we handle all the probate and trust administration details to allow your family to focus on grieving your loss. We work with a dedicated team of lawyers who will help you plan, file, and process the necessary paperwork for court proceedings.

What Is the Cost of Probate in Indiana?

The probate costs vary from one case to another, and they may include notification fees, missed opportunities, administration fees, the expenses of the executor and lawyer, and court filing fees. The average costs for administering probate in Indiana range between 4 and 11 percent of the entire estate value.

Probate is a complicated process that can consume a lot of money in the form of probate fees and keep your family waiting for months to receive a penny. Fortunately, you can avoid probate by preparing a formal estate plan. At Applegate & Dillman Elder Law, we have assisted hundreds of clients around Indiana to avoid probate through estate planning. We can help you or your loved ones prepare an estate plan customized to meet your specific needs.

What Is Trust Administration?

When a family member passes away and has a trust in place, trust administration needs to be performed. If you have been appointed to administer a trust, it is worth noting that if the trust’s content is improperly administered, the trustee can be held personally accountable. Many things come into play when executing a trust, such as the cost of administration and tax issues, and they should not be overlooked.

In some cases, conflicts may arise over who receives what portion of assets and whether relevant laws have been followed in the trust administration process. These issues may lead to litigation, financial consequences, and costly delays for families and trustees. That is why you need the attention and help of a lawyer to administer the trust.

Benefits of Hiring a Trust Administration Attorney

A trust administration attorney can help protect your family's interests and guide you through every step of the trust administration process if you decide to serve as a trustee. An attorney can also recommend a suitable person to take that role on your behalf.

Why Choose Applegate & Dillman Elder Law?

We have in-depth knowledge and experience in estate planning, trust administration, and litigation. When you work with us, you can rest assured we will handle every aspect of the probate process. You can also rest assured knowing that the most complicated issues are being handled with the utmost care and professionalism.

Contact Us

Call us at (317) 492-9569 or fill out our online contact form to discuss your case particulars with our team of probate and trust administration lawyers.

Probate and Trust Administration FAQ

Do All Estates Go Through Probate In Indiana?

In Indiana, there are specific laws and statutes that govern the estate administration process. According to these laws, any estate's total value exceeding $50,000 will go through the probate process. If the estate's worth is less than $50,000, it may qualify for small estate administration (a more simplified probate process).

During probate, the court oversees the administration of the deceased person's assets and ensures that taxes and debts are paid before beneficiaries obtain their inheritance. The probate process can either be:

• Testate probate: Where there is a valid will.
• Intestate probate: Where there is no will. In this case, the state law will dictate how wealth is distributed.

What Does A Probate Attorney Do?

A probate attorney can assist in estate planning and probate matters. Their crucial role is to help individuals and families in navigating the complex process of administering a deceased person's estate.

Our Indiana probate attorneys are experienced in probate law and can help explain the probate process and help you understand your rights and obligations during the probate process. They can also assist in preparing and filing necessary paperwork with the probate court.

How Long Does the Probate Process in Indiana Take?

The timeframe for the probate process in Indiana can vary greatly depending on several factors, including the number of assets involved, the complexity of the estate, the validity of the will, and whether any disputes arise.

Generally, the process can take a few weeks for smaller estates to more than a year for larger estates. At Applegate & Dillman Elder Law, we understand that each estate is unique. We will work with you to determine the specific circumstances of your estate and help you navigate the process efficiently while ensuring compliance with Indiana probate laws.

What Are The Trustee's Responsibilities?

A trustee manages and holds assets on behalf of beneficiaries in a trust arrangement. They must abide by the various Trustee Acts and uphold the duty of honesty, loyalty, and integrity to the trust beneficiaries. The general responsibilities of a trustee are:

• Asset management
• Observe the terms of the trust
• Provide information
• To act in the best interest of the trust and distribute assets correctly
• Maintain accurate and thorough records of all trust transactions

What Happens If A Trustee Is Unable Or Unwilling To Serve In Indiana?

If a trustee is unable or unwilling to serve in Indiana, a successor trustee will step in to play the role. If there is no named successor trustee, or the named successor trustee declines to serve, the beneficiaries may petition the court to appoint a new trustee.

How Can I Ensure A Smooth Trust Administration Process In Indiana?

Ensuring a smooth trust administration process in Indiana requires proper planning and compliance with state laws. You must also understand the trust document, maintain records, manage trust assets, pay debts and expenses, and gather and inventory assets. Working with an experienced trust administration attorney can also help.