Legal Question in Wills and Trusts in Indiana

Re: Filing will for probate''

Indiana Code 29-1-7-15.1(d)provides that if letters testamentary or of administration are not taken out within three years after decedent's death, the will of the decedent shall not be probated. But what good reason could anyone have to delay offering a will for probate? Directly after the decedent's heirs have had a chance to gather their wits, they should take their loved one's will to the courthouse, so the beloved's wishes, as to the beloved's property, may be implemented.

Re: Filing will for probate''

Under Indiana law a will must be probated after death (except in limited situations) or it will not be effective for proving title or right to possession of any real or personal property disposed of by the will. Having said that, if a will is not submitted to probate within one year of the decedent's death, then no creditor has a right to make a claim against the estate if it is probated thereafter. The law also provides that no real estate located in Indiana can be sold to pay debts of the decedent or expenses of the administration of his estate unless the will is submitted to probate within 5 months of his death. A will cannot be probated after 3 years elapse after the death (except in the case where a person is presumed dead and no body is found). Where formal probate is not required is in the case of a small estate where transfer of property is allowed by affidavit. In such cases we recommend that the will be probated but that no administration of the estate be requested in court (called spreading the will of record). It is my opinion that all wills should be presented to the court after death, whether an estate needs to be administered or not.