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Do you need probate if there is a will and no property?

However, other organisations such as the deceaseds bank, insurer, or pension provider may also request to see a Grant of Probate before releasing any money held in the deceaseds name. This means that Probate is often still required even when there is no property.

What triggers probate in Indiana?

Any estate worth more than $50,000 is subject to probate in Indiana. Estates worth less than $50,000 transfer ownership to heirs through the small estate administration with a written statement proving entitlement to the assets.

Where are wills filed in Indiana?

Ind. Code 29-1-7-3.1 allows a person to deposit a will and/or codicil (hereinafter will) with the Circuit Court Clerk where the testator resided when the will was executed.

Does a will avoid probate in Indiana?

In Indiana, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. You need to create a trust document (its similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

What is considered a small estate in Indiana?

An Indiana small estate affidavit is used to gather the assets of a person who has died and left behind an estate worth less than $100,000. The affidavit cannot be filed earlier than forty-five (45) days after the date of death and must be signed in front of a notary public.

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