Probate is the legal process through which a deceased person’s estate is administered and distributed. This court-supervised procedure ensures that outstanding debts are paid, legal obligations are fulfilled, and remaining assets are transferred to rightful heirs or beneficiaries. In Indiana, probate begins when the decedent’s will is submitted to court or, if no will exists, when the court follows state laws to determine how the estate is handled.

The process typically includes:

• Filing the will with the local probate court.
  
• Petitioning the court to open the estate.
  
• Appointment of a personal representative (also called an executor).
  
• Identification and valuation of assets.
  
• Payment of debts, taxes, and expenses.
  
• Distribution of remaining assets to beneficiaries.
  

For estates that qualify, simplified probate procedures may be available. You can learn more about those options on our page about small estate probate in Indiana.

The personal representative plays a central role in the Indiana probate process. Appointed by the court, this individual is responsible for managing all aspects of the estate. In most cases, the personal representative is named in the decedent’s will. If no will exists, the court selects someone, often a surviving spouse or adult child.

Key duties include:

• Gathering and safeguarding all estate assets.
  
• Opening an estate bank account.
  
• Notifying creditors and beneficiaries.
  
• Paying valid debts and expenses.
  
• Filing tax returns on behalf of the estate.
  
• Distributing assets as outlined by the will or Indiana law.
  

This role can be both time-consuming and emotionally taxing. Mistakes can result in personal liability or prolonged court involvement. That is why many representatives choose to work with a probate attorney in Indiana to ensure legal accuracy and peace of mind. If you are considering this path, our main probate services page explains how we support personal representatives every step of the way.

Probate in Indiana can last anywhere from six months to several years, depending on the complexity of the estate. Simpler cases with clearly defined wills and cooperative heirs tend to resolve faster. Larger or disputed estates often involve extended timelines due to creditor claims, asset valuations, and legal contests.

Factors that may cause delays include:

• Disputes among heirs or beneficiaries.
  
• Missing or unclear documentation.
  
• Unpaid debts that must be negotiated or settled.
  
• Tax issues requiring IRS review.
  
• Real estate sales or business liquidation.
  

In Indiana, even a relatively simple estate must remain open for at least three months to allow creditors time to file claims. During this period, the personal representative must also complete an inventory of all estate assets.

By working with an experienced attorney, families can avoid common pitfalls that lead to delays. Legal guidance also helps prevent errors that could lead to court sanctions or disputes later in the process.

Probate court is part of the local circuit or superior court system in Indiana. When an estate enters probate, the case is assigned to a judge who oversees the legal process and ensures compliance with state laws. Unlike courtroom dramas, many probate matters are handled through paperwork and filings without frequent hearings.

That said, there are several moments when personal appearances may be required:

• Disputes over the validity of a will.
  
• Claims against the estate.
  
• Requests to remove or replace a personal representative.
  
• Guardianship requests for minor beneficiaries.
  

In Indiana, probate cases are public record. This means that all filings, including the will, become accessible through court records. This is one reason why many individuals choose to establish trusts or other tools that allow assets to pass outside of probate. You can learn about these tools on our page about avoiding probate in Indiana.

Court fees and filing costs are another consideration. These costs vary by county but are generally paid out of the estate’s assets. To avoid unnecessary expenses, it is often best to work with a probate lawyer who understands Indiana procedures and documentation.