How to Apply for Probate (IN)

IN Application Process

There are several steps you must take to obtain the court's permission to represent and manage an IN estate.

1. Probate Application: In Indiana, if the estate will go through probate, start by submitting a petition to the probate court: see application details ↧
   • You should submit a Petition for Probate if there is a will, a Petition for Administration if there is no will, or a Petition for Administration with Will Annexed if there is a will but it does not name you as first choice among executors (still living). Instructions for petition contents can be found here: IN Code § 29-1-7-5.
   • Indiana does not provide statewide forms, but Allen County provides some samples (they split the submission of the will and the request for administration into 2 forms, but this is not necessary): Sample Petition to Appoint Personal Representative, Sample Petition for Will Submission.
   • If there is no will, or the will does not name you as first choice among executors (still living), it will be helpful to attach a renunciation affidavit from anyone with equal or higher priority (see IN Code § 29-1-7-5).
   • If there is a will, but you do not have a "self-proving affidavit" signed by the witnesses to the will, it may simplify the process if you can attach an affidavit signed by at least one witness to the original will signing, attesting to the fact that he or she was present when the decedent signed the will, he or she signed the will as a witness, and that everyone was of sound mind and not under any duress.
   • If you do not reside in Indiana, include an affidavit designating your local agent as per Task: Out-of-state executor.
   • Attach an official copy of the death certificate and the original will (if there is one).
   • You have 3 years from the date of death to submit your petition (see IN Code § 29-1-7-15.1(g)).
2. Probate Hearing: The court will hold a hearing to officially consider and approve your application. Often this hearing is just a formality, and you may not need to attend at all.
3. Probate Bond: If required by the court, you must obtain a probate bond to protect the estate from any losses you may cause (up to a certain dollar amount). Requirements for such a bond can depend on jurisdiction, whether there is a will, size of estate, whether you reside in the same state, and other factors. See Probate Bonds for advice on how to potentially avoid the need fo such a bond.
4. Objections: Note that interested parties have the right to legally challenge your application (before your official appointment, or even afterwards).
5. Letters: Once the court approves your application, you will receive your "Letters", which are certified documents you can use to prove your authority to third parties. If you applied for "probate", you will officially be known as the "executor" of the estate. If instead you applied for "administration", you will be known as the "administrator". Many states also use the term "personal representative" to cover both cases, sometimes deprecating the uses of the more precise terms.

If you'd like, friendly and experienced EstateExec personnel can fill out your probate application forms for you: see Probate Form Service. If you just want answers to a few legal questions, you can talk to an experienced lawyer for a surprisingly modest fee – see Have a Question?

Court Location

It can sometimes be difficult to determine which court to use for a given estate. The particular type of court that oversees the probate process varies by state: it may be a dedicated probate court, a circuit court, a superior court, a general county court, or something else.

Note that real property must be probated in the state in which it is physically located, so you may need to go through probate in multiple states.

Next Steps

Once you have been officially appointed and granted your Letters, you can begin the bulk of the estate administration and settlement process, keeping in mind that you now have a fiduciary duty to act in the best interests of the estate.

See our Complete Guide to Estate Settlement in IN for an overview of estate settlement in general, Probate for the court-supervised aspects of estate settlement in particular, and Timeline for an overview of tasks by time period.

If you are using EstateExec, it will automatically generate a list of detailed tasks for you to accomplish, based upon the particulars of your estate.

Additional Information

See also Becoming Estate Executor (i.e., Personal Representative).