General Information Regarding Wills And The Administration Of Estates (Allen/state)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

General Information Regarding Wills And The Administration Of Estates (Allen/state) is a commonly used form within Indiana. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About General Information Regarding Wills And The Administration Of Estates (Allen/state)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about General Information Regarding Wills And The Administration Of Estates (Allen/state):

• This form pertains to the State of Indiana

• The current version of this form was last revised on March 19, 2024

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Indiana’s Form General Information Regarding Wills And The Administration Of Estates (Allen/state) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Indiana form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Indiana probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form General Information Regarding Wills And The Administration Of Estates (Allen/state), take a break, and then review. Probate and estate settlement processes in IN are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form General Information Regarding Wills And The Administration Of Estates (Allen/state) online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit General Information Regarding Wills And The Administration Of Estates (Allen/state) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

Sponsored by Atticus App

Need help with Indiana Probate?

Join all the other families who have trusted Atticus through probate, and experience the peace that comes from knowing you're taking the right steps, spending the least amount of money, and not wasting a single second.

Start for free

Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Indiana.

5 reasons you should submit this form as quickly as possible:

1. The sooner you begin, the faster Indiana can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Indiana. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Indiana is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Indiana probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Indiana probate clerk or court for exact answers regarding Form General Information Regarding Wills And The Administration Of Estates (Allen/state), and when in doubt— consult a qualified trust & estates lawyer for that area.

General Information Regarding Wills And The Administration Of Estates (Allen/state) is one of the many probate court forms available for download through Atticus.

It may also be available through some Indiana probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Indiana.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form General Information Regarding Wills And The Administration Of Estates (Allen/state) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Indiana probate court office.

General Information Regarding Wills And The Administration Of Estates (Allen/state) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Indiana-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Indiana Form General Information Regarding Wills And The Administration Of Estates (Allen/state). You can use this to get an idea of the context of the form and what type of information is needed.

1 ALLEN SUPERIOR COURT OFFICE OF MAGISTRATE PHILLIP E. HOUK GENERAL INFORMATION REGARDING WILLS AND THE ADMINISTRATION OF ESTATES If, after reviewing this information, further information is needed to answer questions about estate administration, three other sources are suggested. The Indiana statutes, which deal with probate matters, are in Volume 29 of the Indiana Code. This book is available online at the public library. Information can also be found at the web site of www.in.gov/judiciary. The best source of information is from an attorney. If you do not have an attorney, the Allen County Bar Association sponsors a lawyer referral service. The Bar Association’s phone number is (260) 423-2358. Please do not seek the advice of Court and Clerk’s Office employees. This includes Judges, Magistrates, Court Reporters and Law Clerks. All of these individuals are ethically and statutorily prohibited from giving out legal advice. Anyone who administers an estate without the benefit of legal counsel by law is held to the same standards of ethics and competence as a lawyer. In fact, the vast majority of probate matters are handled with the assistance of an attorney. IN GENERAL The purpose of “probate” is to accomplish an orderly and proper transfer of a deceased person’s property. Not all property is “probate” property. Examples of property, which pass without the Court’s intervention include: life insurance proceeds (usually), joint bank accounts and real estate held as tenants of the entireties. In some cases, particularly when life insurance is involved, no Court involvement is necessary. The key question to ask is: Can the property in question be transferred without the Court’s involvement? For example, when a person dies owning shares of stock held in their name only, the shares cannot be sold or dividends collected by anyone until ownership is transferred to the rightful heirs. The probate process provides the mechanism to transfer such property. Another function of probate is to provide a decedent’s creditors with a mechanism to collect debts. For example, when someone dies owing money on a car loan, it is the role of the Court to determine if the debt is valid and how it is to be paid. 2 PROBATING A WILL “Probating a Will” is the procedure which makes a decedent’s wishes and directives a matter of public record. By admitting the Will to probate, the document is officially recognized as the Last Will and Testament of the deceased. Usually, this procedure is just a formality, but sometimes there is a dispute over the authenticity of a Will and sometimes a person dies with more than one Will. “Probating a Will” does not by itself grant any authority or powers to transfer or administer assets. If you are in possession of a decedent’s Will, will need to fill out a Petition To Probate Will and submit the original Will along with the petition. After completely filling out the forms, take them to the court, where they will be scanned and transmitted. If everything is in order, the paperwork will be approved and the Will admitted to probate. This process must take place within three years of the date of death. OPENING AN ESTATE Opening an estate is the procedure through which someone is actually granted powers which allow them to transfer ownership of a decedent’s assets. In special situations, the law makes it possible to transfer small amounts of “probate” property without opening an estate. Generally, if the value of the estate does not exceed $50,000.00, a summary process is provided for under the law, which allows for transfers without Court involvement. The form for this purpose is entitled “Affidavit for Transfer of Assets without Administration”. If it is determined that an estate needs to be opened, there are several forms which must be completed and filed with the Court. After fully completing all forms take them to the court, where they will be scanned and transmitted to the Court for review by a Judge. In addition, at this time, you must pay the Clerk for court costs and for publication of notice in the newspaper. If it is appropriate, a Court order will be signed appointing you as Personal Representative (PR). At this point, the Clerk’s Office will issue to you “Personal Representative’s Letters”. These “letters” serve as evidence of authority to act on behalf of the estate. 3 ADMINISTERING THE ESTATE Once appointed, the task of administering begins. If you choose to pursue this process without the assistance of an attorney, keep in mind that you will be held to the same standards as an attorney when performing these tasks. You must meet deadlines, secure Court approval for various transactions, accurately resolve tax issues and keep detailed records. If the estate is a supervised administration, it is required that an Inventory of assets be filed within sixty days of the appointment. All Personal Representatives must file either a Final Report and Account (supervised estate) or a Closing Statement (unsupervised). The formats of these reports will differ from case to case; therefore, no forms are available. Completing these filings with the Court is only a portion of the work you will face as a Personal Representative. You are required to resolve claims, deal with transfer agents, file fiduciary tax returns and possibly resolve complex legal issues. At every step along the way, there is what is called a “fiduciary duty” to fully, and in a timely fashion, properly perform required statutory tasks. Failure to do so could result in personal liability. The probate process may appear to be complex and lengthy. In fact, due to notice requirements, an estate administration will take a minimum of three months and usually 9-12 months. It is true that some estates are easier to administer than others. It is not necessarily true that smaller estates are less complicated than estates with high values. If you decide to proceed without being represented by an attorney, remember that you cannot rely upon the Court, Clerk or employees for any substantive advice. This is because the Court cannot retain its function of impartiality towards interested parties if it offers advice to any of those same persons. For this and other reasons already mentioned, it is a good idea to get at least some expert guidance before beginning this process.