Legal Question in Wills and Trusts in Indiana

Re: How to appoint an excutor

I assume the decedent died a resident of Indiana. If there are few assets of value in the estate, it is possible to transfer property without a formal probate administration. If there is no will, then the heirs will be the children of the decedent, all five to share equally. Either the mother, brother or one of the parents of the children should probably apply to the local county superior court to be appointed administrator if the matter needs to be probated. They would all qualify as "interested persons" eligible to file a petition for probate. Check the deed of the house to find out if there is a person named to take the property in case of death. Also check the vehicle titles. Once you have this information, confer with a local attorney about the necessity for probate.

Re: How to appoint an excutor

According to intestate succession, his children should inherit in equal shares if there is no will. If the estate is less than $25,000, the family can do what is known as a family administration. If it is in excess of $25,000, then you need to hire a lawyer. Since real estate is involved, the estate is probably in excess of $25,000 and needs to be probated. There are certain rules pertaining to homestead and family allowance which need to be discussed with an attorney. The attorney will prepare the petition for estate administration and the court will appoint an executor.