Indiana divorce laws regarding inherited realestate

Mostly, probate is paperwork. Here is an overview of the probate process in the majority of states. In some states, including those that have adopted a set of laws called the Uniform Probate Code, the process is simpler and quicker than the one described here. See this page to find out if yours is a UPC State. In that case, survivors may be able to use simplified probate procedure —or even transfer property without ever going to court.

You start by asking the probate court to name you executor or personal representative, whichever term is used in your state. The document in which you make your request will probably be called a petition or application. It must contain certain information, such as the date of death, names of surviving family members and of beneficiaries named in the will, and so on. Every probate court has its own rules about the documents it requires.


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If the deceased person owned real estate in more than one county in the same state, you can handle it all in one probate. The court will schedule a hearing, to give interested parties a chance to object to your appointment as executor. If your request is approved, the court will issue documents that authorize you to act on behalf of the estate.

Estates and Executors

If you live in another state, you may have some more requirements to fulfill. The court may require you to post a bond—a kind of insurance policy that protects the estate from losses you cause it, up to a certain dollar amount. Many wills specifically say that no bond is required. If bond is required, its amount will depend on the size of the estate. You can pay for the bond from estate funds.

How Does Divorce Impact An Inheritance?

Usually, all you need is the statement from one or more of the witnesses, in one of these forms:. While the probate case is pending, you can gather assets and open a bank account in the name of the estate, and use the account to pay creditors. Probate cases must stay open for several months—about four to six, in most states—to give creditors a chance to come forward.


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  6. If you want to sell real estate or a business, you may need to get court permission. As long as you keep enough money to pay final taxes and expenses, however, you may be able to distribute some assets before the probate proceeding ends. State law may limit the amount you can give, and you may need prior court approval.

    Inheritance Laws in Indiana

    There can be good reasons for distributing property sooner rather than later, especially if the estate clearly has plenty of money to pay debts. While it typically gets a bad rap, probate was added into Indiana inheritance laws to protect the last wishes of a decedent, whether he or she had a testate will or not. If a decedent died intestate, the court will try to ensure proper intestate succession. Ultimately, though, the value of the estate governs how the court system will handle it. These options include:. For example, if the decedent and spouse have a child together, or a grandchild of a deceased child, the spouse is entitled to half of the estate.

    Because parents are considered further relatives than direct descendants, the spouse is given three-quarters of the estate, with the leftover one-quarter going to the parents. In Indiana, if a spouse is found to have left or been cheating on the decedent at the time of his or her death, that surviving spouse could lose any rights to the estate.

    The inheritance of a child in Indiana is largely predicated on who their biological or adoptive parents are and whether their parent died with a surviving spouse or not.

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    Indiana Marital Property Laws - FindLaw

    A child is deemed biologically yours also if he or she was conceived before you died, but born after. For this, the child will inherit as if he or she were alive when you died. If a child was born illegitimately, or out of wedlock, he or she will receive inheritance rights as if his or her parents were married. In the case of a father who is a decedent, though, paternity must be proven and can be done in a few different ways.

    Indiana Marital Property Laws

    These include a paternity test, admission by the father, a marriage between the father and mother and more. Unless you decide to adopt your stepchildren and foster children legally, they will not be granted any rights to your intestate estate.


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    A surviving spouse and surviving children are typically the most common types of intestate heirs. This chart lays it out, step-by-step:. Escheatment is the process by which the state will absorb your property and take ownership of it should there be no valid person to receive it. In Indiana inheritance law, there is hardly any familial stone that goes unturned, making it very likely that your property will be inherited by a relative of some degree, though.

    What are Indiana Probate Laws?

    However, there are certain assets of a decedent that will skip past this process, as they already have heirs or beneficiaries chosen. These include:. As is the case in the majority of U.