How long does probate take in Indiana?

In most cases, Indiana probate takes between nine and eighteen months. The timeline can be extended by contests, complex assets, creditor claims, or tax issues. Simpler estates can close more quickly.

What assets avoid probate in Indiana?

Assets with beneficiary designations (life insurance, IRAs, retirement accounts, payable-on-death accounts), jointly owned property with right of survivorship, and assets held in a revocable living trust generally avoid probate.

What happens if there is no will in Indiana?

Indiana intestacy laws determine distribution. Assets typically pass first to the surviving spouse, then to children or other relatives according to the Indiana Code.

Can the estate pay for attorney fees?

Yes. Attorney fees for probate administration are typically paid from estate assets. We provide transparent fee information during the initial consultation.

What assets go through probate in Indiana?

Assets that are solely owned without beneficiary designations, real estate held as tenants in common, unpaid wages, tax refunds, and certain other individually titled property generally require probate.

Probate Attorney in Westfield IN | Webster & Garino LLC

Family planning for a child with special needs in Indiana

Probate · Indiana

Guiding Families Through Probate in Indiana

When a loved one passes away, their estate must go through probate, the legal process of settling debts, validating a will, and distributing assets to beneficiaries. At Webster & Garino LLC, our Indiana probate attorneys help families navigate this process with clarity and compassion, protecting the estate and the interests of everyone involved. We serve families throughout Hamilton, Marion, and Boone Counties, including Westfield, Indianapolis, Carmel, Noblesville, and surrounding communities.

Whether an estate is straightforward or contested, our team provides knowledgeable legal guidance at every step.

We serve families throughout Hamilton, Marion, and Boone Counties, including Westfield, Indianapolis, Carmel, Noblesville, and surrounding communities.

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or call (317) 565-1818

WHO WE HELP

Who Probate Is For

Probate affects anyone connected to a deceased person’s estate, from executors and personal representatives to beneficiaries and surviving family members. Our attorneys work with clients at every stage of the process.

The executor or personal representative named in a will who must administer the estate, pay debts, and distribute assets to beneficiaries
A surviving spouse or adult child who needs to understand their legal rights in an estate — whether or not a valid will exists
A beneficiary or heir who wants to ensure the estate is being properly managed and that their interests are protected

A family member dealing with a small estate that may qualify for simplified probate proceedings under Indiana law
Someone facing a contested probate — including will disputes, creditor claims, or disagreements among beneficiaries
An individual seeking to plan ahead and minimize or avoid probate for their own estate planning

A clear plan can protect your loved one’s eligibility for essential benefits while giving your family confidence about the future. Our attorneys are ready to help you put the right structure in place, no matter where you are in the planning process.

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WHAT OUR CLIENTS HAVE TO SAY…

50+

Years Experience

3

Counties Served

100%

Focused on Families

2

Office Locations

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Why Probate Representation Matters

Indiana probate can take nine to eighteen months, and longer when complications arise. Without proper legal guidance, personal representatives face personal liability, creditor claims go unresolved, and family disputes can escalate. Our attorneys help you move through the process correctly the first time, protecting the estate and everyone involved.

UNDERSTANDING YOUR OPTIONS

What Is Probate in Indiana?

Probate is the court-supervised process of settling a deceased person’s estate. It involves validating a will (if one exists), appointing a personal representative, inventorying assets, paying debts and taxes, and distributing assets to beneficiaries, all overseen by Indiana county probate courts.

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Supervised Probate

Funded with the beneficiary’s own assets such as a personal injury settlement. Must include a government benefit programs payback provision under 42 U.S.C. §1396p(d)(4)(A).

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Unsupervised Probate

The most common form in Indiana. The personal representative manages the estate with minimal court involvement following Indiana Code. Faster and less costly when all parties cooperate.

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Small Estate Affidavit

For estates under Indiana’s statutory threshold, a simplified affidavit process may transfer assets without full probate. Our attorneys determine whether your estate qualifies for this streamlined approach.

HOW WEBSTER & GARINO HELPS

A Complete Approach to Probate Administration

We guide personal representatives and families through every phase of probate, from the initial court filing to the final distribution of assets.

Estate Opening & Court Filings

We handle all initial court filings, including the petition to open probate, the appointment of the personal representative, and the filing of the will with the county court.

Asset Inventory & Appraisal

We assist personal representatives in identifying, cataloging, and valuing all estate assets — including real estate, bank accounts, investments, and personal property.

Creditor Notification & Debt Resolution

We manage the creditor notification process, evaluate the validity of claims, and advise on the proper order of payment to protect the estate and the personal representative from liability.

Asset Distribution to Beneficiaries

Once debts are settled, we guide the personal representative through the proper distribution of assets to heirs and beneficiaries — per the will or Indiana intestacy law.

Will Contests & Probate Disputes

When beneficiaries disagree or a will is challenged, our attorneys represent clients in contested probate proceedings, protecting your interests and working toward resolution.

Estate Closing & Final Accounting

We prepare the final accounting for court approval and handle the formal closing of the estate — ensuring all legal requirements are met and the personal representative is properly discharged.

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INDIANA LAW & LOCAL EXPERIENCE

Probate Under Indiana Law

Indiana has specific statutes governing the probate process, including Title 29 of the Indiana Code. The process unfolds through the county probate court, in Hamilton, Marion, and Boone Counties for the families we most commonly serve.

Our attorneys understand Indiana’s requirements for personal representatives, the three-month creditor claim period from first publication, and the procedural rules for both supervised and unsupervised estates. We also advise on Indiana’s small estate affidavit procedures for qualifying estates.

We serve clients throughout Central Indiana: Westfield, Indianapolis, Carmel, Noblesville, Zionsville, and Fishers.

Indiana estate planning attorneys at Webster and Garino

FREQUENTLY ASKED QUESTIONS

Common Questions About Probate in Indiana

We know you have questions. Here are answers to the most common concerns Indiana families bring to our office about estate or trusts.

How is a estate or trust different from a regular trust?

In most cases, Indiana probate takes between nine and eighteen months. Factors that extend the timeline include contested wills, complex assets, unresolved creditor claims, or tax issues. Simpler, cooperative estates may close sooner.

Can I just leave money to my other children to care for their sibling?

No. Assets with designated beneficiaries — life insurance, IRAs, payable-on-death accounts — pass outside probate. Jointly held property and trust assets also avoid probate. Only assets titled solely in the deceased’s name without a beneficiary designation typically require probate.

Does a estate or trust affect government benefit programs in Indiana?

Without a valid will, Indiana’s intestacy laws determine how the estate is distributed — typically first to a surviving spouse, then to children and other relatives in a specific order defined by Indiana Code.

Who should be the trustee of a estate or trust in Indiana?

The trustee must understand the beneficiary’s needs and complex distribution rules. Options include Our attorneys ensure creditors are properly notified and the estate is closed without costly errors or delays.

Can the estate pay for the attorney's fees?

Yes. Attorney’s fees for probate services are typically paid from estate assets, not out of pocket by the personal representative. Our team provides transparent fee information at your initial consultation.

What does a estate or trust cost to set up in Indiana?

Probate assets typically include individually owned real estate, bank accounts without beneficiary designations, tenants-in-common property, unpaid wages, and tax refunds. Our attorneys can review the estate and determine exactly what must go through probate.

Let’s Guide Your Family Through the Probate Process

Probate doesn’t have to be overwhelming. Our experienced Indiana probate attorneys are ready to guide you step by step — with clear communication and trusted legal advice throughout.

Serving Hamilton County · Marion County · Boone County · Westfield · Indianapolis · Carmel · Noblesville · Zionsville · Fishers · Cicero

Probate Attorney in Indiana

Trusted Indiana Probate Attorneys Guiding Families Through the Estate Process