Legal Question in Wills and Trusts in Indiana

Indiana Or Kentucky Probate

If a family of 6 is killed in a wreck in Kentucky and they lived in Indiana, died with no wills, settlement was made from the party that hit the vehicle, where does the money go for probate, Indiana or Kentucky? If in Indiana, does that mena the city in which they lived or the state capital?


Asked on 5/29/02, 10:54 pm

3 Answers from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: Indiana Or Kentucky Probate

A person's estate is probated in the place of residence at time of death. An ancillary administration might be required for the place of death if settlement is made there or litigation was brought there. But essentially the law of the state of residence determines how the estate of each decedent is divided up and who the decedent's next of kin are.

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Answered on 5/31/02, 12:12 pm
Dorene Philpot Philpot Law Office

Re: Indiana Or Kentucky Probate

Probate would be handled in the state in which the property is owned, not the state in which they were killed.

Hope this information is useful to you!

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Answered on 5/30/02, 8:36 am
John Cook Dunn & Cook

Re: Indiana Or Kentucky Probate

The estate would be opened where the individuals resided. I am assuming the six family members were father, mother and their four minor children, and did not include any adult children or any extended relatives such as aunts, uncles, etc. who may have lived on their own. Kentucky does not have enough of a connection to the settlement for an estate to be opened there. For ease of administration, it is usually best to open the estate in the county where the deceased individuals lived.

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Answered on 5/30/02, 11:45 am


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