Probate FAQ

Probate is the official process of giving the property of a person who has passed away to the individuals the deceased person wanted to have the property.

A Decedent is a person who passes away.

A Personal Representative, also known as an executor, is the person appointed by the Court to over see the estate of a person who has passed away. The Personal Representative will gather the property of the estate, pay the debts of the estate, and make distributions to the beneficiaries of the estate.

Estate is all the real property and personal property along with debt of an individual who has passed away.

A Beneficiary is the person named in a Last Will and Testament who is to receive a distribution. A Beneficiary may be referred to as a legatee, devisee, or heir at law. A Beneficiary can also be the person named to benefit from property owned by a Trust.

If a person passes away with a Last Will and Testament, the Will is required to be admitted to probate. However, an official administration of probating the Will is only required if the estate of the decedent is over $100,000.

 The real property and personal property of the person who passed away will be given away as directed by the Indiana Code or Intestate Statutes. 

Intestate means the person died without a Will and the estate will be divided up as directed by the Indiana Code.

Testate means the person died with a Will and the estate will be divided up as stated in the Will.

The simple answer is no. If it is a small appliance or gadget, then maybe. If it was an expensive piece of personal property or real estate, it will be divided as directed by the Indiana Code. The individuals that receive it under the Indiana Code could choose to give you their portion. However, the estate has to be divided as directed by law.

Personal Property is everything except real estate. Personal Property is stocks, bonds, vehicles, fishing poles, pocket knives, jewelry, etc. 

Real Property is real estate whether it has improvements or not. Real Property includes houses, condominiums, time shares, and anything else that has a deed.