How to Prepare for the Probate Process in the Indiana Court System

I do not know of anyone who has said to me, "2020 was a great year!" In the case of my husband and me, it was a truly awful year. We lost his mother somewhat suddenly after a short illness, and we lost my dad a few months later.

My mother-in-law, Ruth, was an Indiana middle school math teacher for more than four decades. Additionally, she was instrumental in negotiating teacher contracts in her district. To say my mother was organized is an understatement. She was meticulous – and my husband and I are very thankful.

A few years ago, my father-in-law passed suddenly. From then on, every time we saw Ruth, she would remind us that she kept track of all of her business. The information was safely stowed in a "green folder in the top drawer of the filing cabinet." When we went to her home shortly after her deal, we found the green folder exactly where she indicated. Not only was the green folder in its rightful place, but it contained all the information we needed. It referenced other information locations, such as the purple folder on the secretary, files in the cabinet, and documents in the safe.

Ruth saved us a lot of time and headaches by planning, keeping good records, and updating information and documentation as necessary. Her assets, income, house information, insurance, retirement accounts, etc., were all carefully spelled out in her neat, teacher handwriting. She left no questions. Despite being in excellent health, she planned for the inevitable and did so in a manner specific to Indiana's probate laws. She made our job, and the court's, very easy.

My husband and I have taken a page from Ruth's green folder, so to speak. We maintain files of information. We have met with our son, who will be the Personal Representative of our estates. He needs to know the steps to take. I do not pretend that we are as organized as Ruth. I hope that we are organized enough that our son does not have to search high and low for documentation. We don't want the possibility of him missing an asset, debt, or insurance policy.

The first step to prepare your estate is to have a Last Will and Testament prepared by an attorney familiar with Indiana statutes. The next step is to keep records and write down information - especially for the Personal Representative. The final step is to relax and enjoy life! With these simple steps in place - you can rest easy. You'll be assured that the wishes at your death are followed and that your Personal Representative has all of the information needed to culminate your assets, pay debt, and distribute your estate.

I would love to help you with this process. You may contact me at (317) 815-0340 or at jmattingly@carmelfamilylaw.com.