Indiana probate attorney explaining the probate process to a personal representative

Probate Process · Westfield · Bloomington

The Indiana Probate Process, Step by Step

Probate is the court supervised process of settling a person’s estate. At Webster & Garino LLC, our Indiana probate attorneys walk personal representatives and families through each stage, from the first filing in the county court to the order that finally closes the estate.

We serve families from our Westfield and Bloomington offices, including Indianapolis, Carmel, Noblesville, Zionsville and communities across Indiana.

or call (317) 565-1818

Indiana probate attorney explaining the probate process to a personal representative
WHO WE HELP

Who Needs to Understand the Probate Process

Probate touches everyone connected to an estate. We work with the people who have to make it happen and the people waiting on the result.

  • Personal representatives named in a will who must open the estate
  • Administrators appointed when a person died without a will
  • Surviving spouses working out statutory shares and allowances
  • Beneficiaries waiting on a distribution and wanting a real timeline
  • Families deciding between supervised and unsupervised administration
  • Heirs of an estate that includes real estate or farmland
  • Successor trustees coordinating a trust with a probate estate
  • Anyone served with a creditor claim or a will contest

Most delays trace back to one missed deadline or one incomplete filing. Knowing what the court expects at each stage is what keeps an estate moving.

RELATED PROBATE TOPICS

Related Probate and Estate Topics

Each topic below has its own page explaining how Indiana law works and what to expect. Every estate is handled by one of our two founding partners.

Not sure where your situation fits? Call us and we will tell you which of these applies to you and what the next step looks like.

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Why Legal Guidance Matters

The personal representative signs filings under oath and answers to the court. Distributing early, missing the creditor period, or filing an incomplete inventory can create personal liability. Getting the sequence right the first time protects everyone involved.

The Three Phases

How an Indiana Estate Moves Through Court

Every Indiana probate follows the same arc. Knowing where you are in it makes the process far less stressful.

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Opening the Estate

The will is filed in the county where the person lived, the court appoints a personal representative, and letters are issued so estate business can begin.

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Administration

Assets are inventoried and valued, creditors are notified and paid, tax returns are filed, and the estate is kept intact while claims run.

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Closing the Estate

Remaining property is distributed under the will or Indiana intestacy law, a final accounting is filed, and the court discharges the representative.

HOW WE HELP

The Indiana Probate Process Step by Step

Six stages, in the order an Indiana court expects to see them.

01

File the Will and Petition

The original will is filed with the clerk in the county where the person lived, along with a petition to open the estate and appoint a representative.

02

Appointment and Letters

The court issues letters testamentary or letters of administration, the document every bank and title company requires before anyone can act.

03

Notice and Inventory

Notice is published and mailed to known creditors and heirs, and an inventory of estate assets is prepared and filed where Indiana requires it.

04

Claims, Debts and Taxes

Creditors have three months from first publication to file claims. Valid claims, final income taxes and administration expenses are paid in statutory order.

05

Valuations and Sales

Real estate, farmland, vehicles and business interests are appraised and, when the estate requires it, sold with the court authority needed.

06

Distribution and Closing

Remaining assets are distributed, a final accounting is filed, and the court enters the order closing the estate and discharging the representative.

Indiana Law & Local Experience

The Probate Process Under Indiana Law

Indiana probate is governed by Title 29 of the Indiana Code and handled by the circuit or superior court in the county where the person lived. Unsupervised administration is the faster path and is available when the will authorizes it or all of the heirs consent.

Creditors have three months from first published notice to bring a claim, and no Indiana estate closes before that window runs. Estates valued under $100,000 may skip formal probate entirely through a small estate affidavit once 45 days have passed since the death.

We serve clients from our Westfield and Bloomington offices: Westfield, Bloomington, Indianapolis, Carmel, Noblesville, Zionsville, and Fishers.

Probate attorney in Westfield Indiana filing estate documents with the county court

FREQUENTLY ASKED QUESTIONS

Common Questions About the Indiana Probate Process

We know you have questions. Here are the answers Indiana families most often need before they call.

Most straightforward estates close in six months to a year. The three month creditor claim period sets the floor, and contested wills, real estate sales or tax issues can push a case well past a year.

In supervised administration the court approves major steps such as sales and distributions. Unsupervised administration lets the representative act independently and is far faster, but it requires authority in the will or the consent of the heirs.

They are the court order proving you have authority to act for the estate. Banks, title companies and transfer agents will not release anything without them.

No. Jointly owned property, accounts with a payable-on-death beneficiary, trust assets and property covered by a transfer-on-death deed pass outside probate, and small estates can often use an affidavit instead.

Court fees, publication costs, appraisals and attorney fees are paid out of the estate rather than out of the representative’s own pocket, and they are approved as administration expenses.

We have offices in Westfield and Bloomington, and we represent clients in Indianapolis and throughout Indiana. Consultations are available in person, by phone, or by video.
WE’RE HERE TO HELP

Let Us Take the Legal Weight Off Your Family

You do not have to work through an estate alone. Our attorneys handle the filings, the deadlines and the court requirements so you can focus on your family.

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