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Only assets that the deceased person owned in his or her own name, alone, need to go through probate. All other assets pass to new owners without oversight from the probate court. Assets that go through probate make up what's called the "probate estate."
Is Probate Required 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.
In Indiana, probate begins when the personal representative of the estate files the will and a \u201cpetition for probate\u201d with the probate court in the county where the decedent resided. If the decedent was not a resident of Indiana, the documents are filed in the county where the decedent owned real estate.
As we mentioned above, Indiana only requires probate of estates worth $50,000 or more. Smaller estates do not require administration. The family or personal representative can pay bills and transfer assets using an affidavit or written statement.
Is Probate Required 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.
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Is Probate Required 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.
Only assets that the deceased person owned in his or her own name, alone, need to go through probate. All other assets pass to new owners without oversight from the probate court. Assets that go through probate make up what's called the "probate estate."
Whose responsibility is it to get probate? If the person who died left a valid will, this will name one or more executors, and it is their responsibility to apply for probate. If there isn't a will, then inheritance rules called the rules of intestacy will determine whose responsibility it is to get probate.
One common way to avoid probate is by creating a Revocable Living Trust. When the trust creator dies, the trust assets are passed down to the beneficiaries with minimal court involvement. In the case of real property, joint tenancy may be a practical option to avoid probate.
While the probate process isn't necessary for every estate in Indiana, a sizable portion of them will be forced to go before the court. However, there are certain assets of a decedent that will skip past this process, as they already have heirs or beneficiaries chosen.

petition for probate form indiana