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• "LEGALLY SPEAKING"
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• PROBATE/ESTATE AND TRUST ADMINISTRATION

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PROBATE/ESTATE AND TRUST ADMINISTRATION

• Things To Do After the Death of a Loved One

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Frequently Asked Questions by our clients in Indiana

Q: What is Probate?

A: “Probate” is the procedure by which a will is proved to be valid or invalid.  The act of probating a will is simply spreading the will of record (filing the will along with the proper pleadings) with the probate court of the county where the decedent was a resident.  A will may be probated with or without administration.  If the court finds the will to be valid, executed according to law and duly proved, the will is admitted to probate and spread of record.

Administration of a decedent’s estate (whether the decedent died with or without a will), is the legal process of winding up a deceased person’s financial affairs and distributing the decedent’s property to his/her beneficiaries or heirs.  A trust administration may be necessary at the death of a person who created a trust (called a grantor, settlor or trustmaker) or at the death of a trust beneficiary.

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