Estate administration is the overall process of managing and settling a person’s final affairs after their death. Probate is the formal court-supervised part of that process. While many estates require probate, administration also includes tasks outside of court, such as managing assets held in a trust.
Estate Administration
Our Process
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Estate Administration in Fort Wayne
The loss of a loved one is never easy, and it can feel overwhelming to manage their estate while processing your grief over their passing. The compassionate and knowledgeable estate administration attorney at The Bellinger Law Office is here to help with this challenging experience. We offer a wide range of legal services that make the process as efficient and effective as possible. To learn more about how our team can assist with the administration of a loved one’s estate, call or contact our office today.
Steps of Estate Administration
Administering an estate can be a lengthy and complicated process, especially if the estate is large, the will is detailed, or the estate consists of complex assets and liabilities. A lawyer can assist the executor or personal representative of an estate throughout every step of the estate administration process.
Once a probate estate has been opened with the local court, one of the first steps is identifying which aspects of the estate must pass through the probate process and what can be distributed without the court’s sign-off. Assets that can bypass probate include assets left in trust, real estate with joint tenancy or tenancy in common, and payable on death bank accounts.
The next step is identifying and valuing all assets passing through probate in the estate. Notification must also be sent out to any potential creditors who wish to make claims to collect debts left by the deceased before the assets can be distributed to the heirs. Once all creditors’ claims are dealt with, final taxes must be paid on the estate. The remainder of the estate is then distributed to the heirs according to the final will and testament of the deceased.
The estate administration process can take anywhere from a few months to a few years, depending on the number of issues that arise throughout the proceedings, such as creditor claim litigation, challenges to the will, arguments over asset distribution, trust issues, and more.
Probate Litigation
In some cases, a family member, close friend, or other named heir in an estate may disagree with the final will and testament of the deceased and file a lawsuit to reinstate another version of the estate plan or throw it out altogether. When probate litigation arises, you need an experienced estate administration attorney to handle the case. A lawyer can identify the legal issues, craft the best possible legal arguments, and defend the final wishes of your loved one in court. Some of the most common claims in probate litigation include the following:
- Lack of testamentary capacity
- Undue influence
- Forgery
- Fraud
- Duress
- Fiduciary duty breach, and more.
Talk to a lawyer today to learn more about what to expect if someone challenges a will in probate court.
Contact Our Office to Get Started
Hiring a qualified estate administration attorney can greatly ease the burden of managing the estate of a loved one on your own. To learn more about how our office has helped clients throughout Northern Indiana with their estate administration duties, call or contact The Bellinger Law Office today to schedule a consultation.
FAQs About Estate Administration in Indiana
Can property be distributed to the heirs right away?
No. Property distribution must wait until all creditor claims have been addressed and all taxes have been paid. Distributing assets too early can create significant legal and financial problems for the executor if there are not enough funds left to cover the estate’s obligations.
What happens if the estate doesn't have enough money to pay all its debts?
If an estate is “insolvent” (owes more than it’s worth), debts must be paid in a specific order of priority according to Indiana law. An attorney can help ensure that all creditors are paid correctly.
How do you help if there are disagreements among the heirs?
Family disputes can complicate estate administration. As your legal counsel, we can facilitate communication between heirs, mediate disagreements over asset distribution and work to find a fair resolution. If a settlement cannot be reached, we are prepared to represent the estate’s interests in court.
Why does a challenge to the will need an attorney's assistance?
Probate litigation is complex and adversarial. An experienced estate administration attorney can be essential in defending the final wishes of your loved one. We will handle all legal arguments, file necessary motions and zealously advocate in court to protect the integrity of the estate plan.
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