Legal Question in Wills and Trusts in Indiana
Will reading timeline
Is there a legal time period as to when the will has to be read or executed after death? Does this time also apply to insurance policy's.
1 Answer from Attorneys
Re: Will reading timeline
Indiana law requires that a will be executed prior to the person's death. Indiana law requires that a will be probated (accepted by a judge that the document is a last will and testament) within 3 years of death. Indiana law requires that administration of an estate be completed within at least one year from the time the will is probated (or the administrator appointed when there is no will) or the reasons why this is not complete must be explained to the judge.
Otherwise there are no time restrictions on when the desires of a decedent must be carried out by the executor named in the will for the benefit of the persons who survive.
The existence of a will makes no difference to a life insurance policy - unless the beneficiary is the estae of the decedent. When there is a named beneficiary, that person calls the insurance company, fills out the claim form and returns the form with the policy (or a statement of lost policy) and a death certificate. The beneficiary can spend the money as he or she sees fit and is not required to apply any life insurance proceeds toward the expenses of the decedent or the funeral or burial.