Probate

For Probate, Estate and Trust Administration Call Marion, Indiana Attorney

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The probate court oversees the distribution of a decedent’s assets and payment of debts. The court oversees the acts of the personal representative to be sure that the terms of the decedent’s will are followed. If there is no will, the assets are distributed according to Indiana state law and any wish the decedent may have had is irrelevant.

Under some circumstances, trust assets may be used to pay creditors, estate taxes and costs of probate. Some assets are considered “probate assets” and some are “trust assets.” Different laws apply to the administration of each type of asset.

Estate Administration

Is the process of settling a decedent’s financial affairs and for distribution of the decedent’s assets. The process begins with filing the will with the court and petitioning for the appointment of a personal administrator. The personal administrator has a number of duties and obligations. Creditors must be paid and assets distributed according to the wishes of the decedent.

Trust Administration

Under the terms of the trust, trustees have duties and obligations to fulfill when the decedent passes away. They must file a notice in an approved newspaper informing the public that the decedent has died. Creditors have the opportunity to file claims with the court, and the trust administrator is charged with the duty of determining which claims are valid and which are not. All decisions depend on the type of the trust that is involved.

We can assist in estate and probate administration. Call us at our Law Office of Elizabeth A. Homes, LLC, for trust or estate administrative services to assist personal representatives in complying with their duties and obligations. Our office is located in Indianapolis, but we serve all of Central Indiana, including those who live in Fishers, Lawrence, Noblesville, Westfield, Williams Creek and Zionsville. We also serve clients in multiple other counties outside of Central Indiana. These include but are not limited to Allen, Boone, Carroll, Dearborn, Grant, Hamilton, Hancock, Hendricks, Henry, Howard, Jasper, Johnson, Madison, Marion, Morgan and Tippecanoe.