Probate Attorney in Indianapolis, Indiana

What is Probate?

Probate is the legal process that settles a deceased person’s estate after their death.

There are two specific scenarios in which the legal probate process applies:

Probate with a will: When a person passes away, the court must first confirm the validity of the will. The court reviews witness statements to ensure your loved one was of sound mind when making their will.

The court also checks that the will meets legal requirements so the executor can distribute assets as outlined.

Probate without a will: If there is no valid will, the court proceeds with intestacy. Probate court decides how to distribute assets according to Indiana law.

This decision often means assets go to beneficiaries the deceased may not have chosen or intended.

Probate without a will can become a lengthy, expensive legal battle, sometimes causing tension among surviving loved ones.

The attorneys at Katie Charleston Law, P.C. can help create strategies to protect you and your family from these situations and provide solutions to help you avoid probate where possible.

Estate Administration & Indiana Law: What to Know

Estate administration in Indiana follows specific legal guidelines that impact every step, especially for families in Indianapolis and Marion County. The Indiana Code outlines who can serve as personal representative and what duties they must complete, which often includes inventorying assets, managing debts, and distributing property according to the will or state law. Marion County Probate Court applies these rules with precision, and deadlines often vary compared to other counties. 

Knowing Indiana’s inheritance tax rules, bond requirements, and property transfer standards can help smooth the administration process and reduce delays. Local court staff often require detailed accountings, so personal representatives benefit from clear records and good organization. While these requirements exist statewide, Marion County’s procedures sometimes add extra steps for certain types of estates or property. Staying aware of these guidelines keeps families prepared for what happens during each stage of estate administration, including the court’s expectations for communication, filings, and asset distribution.

How Do I Avoid Probate?

Many people are confused about probate—and how to avoid it. Our probate attorneys help clear up misconceptions and explain what you can expect during the process.

Some believe that having a will allows them to sidestep probate completely. While a will is a crucial planning tool, having one does not exempt your estate from probate.

Indiana law requires that all wills, unless they meet a specific exemption, go through probate. The courts review the will to confirm its validity before any asset distribution begins.

In some cases, the value of your estate can let you skip probate. For instance, Indiana families with estates valued under $50,000 may use a small estate affidavit—allowing them to bypass the court process or limit its requirements.

This $50,000 limit reflects Indiana law and aims to make estate administration easier for smaller estates.

Another way to avoid probate is to use a revocable living trust. When assets go into a trust, they are no longer part of the estate and are distributed after death according to your instructions in the trust document.

In Marion County and throughout Central Indiana, local probate courts may require detailed inventories and prompt notifications to heirs and creditors. Each step can affect your timeline and obligations if you serve as executor. Working with a team who understands Indiana probate procedures can help reduce unexpected delays and confusion.

Timeline & Costs for Estate Administration in Indianapolis

Most families want to know how long estate administration will take and what expenses to expect in Indianapolis. In Marion County, straightforward estates sometimes move through the process in six months to a year, but this depends on the estate’s size, the types of assets involved, and whether heirs agree on the distribution. Costs often include court filing fees, publication fees to notify creditors, and in some cases expenses for property appraisals or bond premiums. 

Indiana sets many of these fees, but Marion County can have local rules or price adjustments. Legal professionals support families in understanding each stage and any local quirks that could add to the timeline. Transparent guidance helps reduce surprises and gives families realistic expectations as they move from inventory to the final asset distribution. Planning for these costs and timelines allows personal representatives and families to make informed decisions about their next steps.

What Does a Probate Lawyer Do?

You may consider hiring a probate attorney after a loved one passes away. Our probate attorneys at Katie Charleston Law, P.C. support you throughout the probate process.

A probate attorney, sometimes called an estate attorney, helps supervise the estate administration and settle and distribute assets under the law and your loved one’s plan.

We handle essential tasks, such as paying out assets to beneficiaries and heirs and addressing outstanding debts and taxes. Probate attorneys may represent an heir, a personal representative, or the estate itself.

Our probate lawyers at Katie Charleston Law, P.C. work alongside executors, taking on the administrative burden and letting families focus on personal matters in a time of loss.

Here are the main responsibilities probate lawyers handle for an estate:

• Identifying all estate assets
• Preparing and filing court documents
• Collecting life insurance policy proceeds
• Determining inheritance taxes and appropriate payouts
• Paying out the estate and income taxes, debts, and final bills
• Formalizing and retitling assets in beneficiaries’ names
• Opening and managing the estate’s checking account
• Ordering property appraisals for property, as appropriate

A probate lawyer plays an important role in ensuring the estate is executed according to the will and Indiana law.

Indiana probate courts, including those in Indianapolis, may require personal representatives to post a bond or provide annual reports, depending on estate size and complexity. Executors in Marion County must track deadlines and report details specific to local courts. These requirements help estates progress properly and reduce disputes among heirs or with court officials.