Legal Question in Wills and Trusts in Indiana
When to open an estate
My father had some things in a revocable trust and some things were not. At what point should an estate be opened. In other words, what amount of money left should determine that an estate be opened and is it always necessary to open an estate?
2 Answers from Attorneys
Re: When to open an estate
Further to Ms. Wunder's response, here is the link to the relevant sections of the Probate Code:
http://www.in.gov/legislative/ic/code/title29/ar1/ch8.html
Re: When to open an estate
By statute, a decedent's estate which has a probate value of $25,000 less liens & encumbrances and the cost of the funeral and of administration must be subject to probate. Presumptively he had both a revocable trust and a will and one "poured" over into the other. If what he owed in his own name does not exceed the $25,000 level, then the successor trustee (or executor of the will) can merely proceed to pay bills and settle matters according to the trust.