When your loved one passes away, the last thing you want to think about is dealing with the legal aspects of administering their estate. The unfortunate situation is that there are things that need to be handled, including making an application to probate. This is the only way that you can make practical decisions about their property in accordance with their will.
Or is it? Many people find themselves asking the question as to whether probate can be avoided in the State of Indiana.
Probate is generally needed to execute the directions in a will
When your loved one has property and has drawn up a will determining where they wish it to go, probate will generally be necessary. This is the only way to complete the necessary legal tasks and ensure beneficiaries receive their inheritance.
It serves a purpose, too. Having court intervention and oversight makes sure the process is handled properly by the executors and gives them guidance with a process they may not have been through before.
When is probate not necessary?
In Indiana, smaller estates can escape the need to go through probate. If a person’s estate is worth less than $50,000, it may not be necessary. Affidavits must be filed, however, swearing to this.
Another way to avoid probate in Indiana is with a living revocable trust. This means that all the assets of the deceased will go to whom they were intended without the need to go through probate.
If you’ve recently lost a loved one and are about to start the probate administration process, it can all feel overwhelming. Reaching out for some help can make things a little bit easier.