Guides

Indiana probate articles

• How Do You Make a Valid Will In Indiana?

  2021-01-20

  To make a valid will under Indiana law the will must be: In writing; Signed by the testator; Witnessed and signed by two witnesses.   Who Can Make a Valid Will Under Indiana Law? Under Indiana law, “any person of sound mind who is eigh…

• Indiana Supreme Court: Probate Code’s Bar Against Restraints On Marriage Does Not Apply To Trusts Or Gifts To Children

  2021-10-12

  In Rotert v. Stiles , an October 8, 2021 decision from the Indiana Supreme Court, the Court held that the Indiana Probate Code’s bar against restraints on marriage does not apply to trusts or gifts to children. The Facts Of Rotert v. Stiles…

• Surviving Spouse Rights Indiana

  2019-09-23

  An Indiana surviving spouse has important rights, including: Intestate Share Spousal Allowance Elective Share A surviving spouse who knows their widow's rights is in a better position to navigate probate. What Rights Does a Surviving Spouse…

• Who Are Next Of Kin In Indiana?

  2020-08-07

  In Indiana, there is generally no distinction between heirs at law and next of kin. Heirs at law next of kin under Indiana law are: Surviving spouse Children Parents Siblings Nieces and nephews Grandparents Aunts and uncles Cousins “Intesta…

• Who Can Serve As Personal Representative Of an Estate In Indiana?

  2021-12-31

  To serve as the personal representative of an Indiana estate, the personal representative must be: At least 18 years old, Of sound mind Not a convicted felon   See IN Code § 29-1-10-1 . In addition, a resident corporation not authorize…