Jeffersonville Indiana Probate Lawyer – Serving Clients in Clark, Floyd, Scott, Washington, and Harrison Counties in Indiana; and Jefferson, Shelby, Oldham, Bullitt, and Spencer Counties in Kentucky
What is Probate in Indiana and Kentucky?
Probate is the legal process of administering the estate of a deceased person (called the “decedent”). After a person dies in Indiana or Kentucky, the decedent’s estate is administered by a Personal Representative.
The probate process in Indiana and Kentucky generally consist of the following:
- Personal Representative Appointment. Even if a person has been designated as the Personal Representative in a will, the person nonetheless needs to be named by the court as the Personal Representative for an estate. If you desire to be named as the Personal Representative for a loved one who has died without a will, or if you have been named in a will to be a Personal Representative, we can help with the required court appointment.
- Accounting For and Preserving Estate Assets. A primary duty of Personal Representatives is to account for all estate assets and to ensure that assets are preserved to the extent that it is prudent to do so. For example, if the decedent owned a home that is subject to a mortgage and there is substantial equity in the home, the Personal Representative would usually want to continue to make mortgage payments from the estate assets and have reasonable upkeep undertaken to preserve the home’s value.
- Creditor Notification. Personal Representatives may need to notify potential creditors of the decedent’s death.
- Final Tax Filings and Other Requirements. The Personal Representative is responsible for having prepared and filed all final tax returns on behalf of the decedent. The personal representative is not personally responsible for any taxes that may be due if the estate does not have sufficient assets, but they are responsible for paying all taxes due before any estate assets are otherwise distributed.
- Estate Asset Distribution. After all liabilities of the estate have been discharged, a Personal Representative needs to ensure that assets are properly distributed in accordance with the decedent’s will or the applicable state intestate distribution statutes.
We Help Personal Representatives Fulfill Their Fiduciary Obligations
If you’ve been named as a personal representative for an estate, we understand that you likely will have many questions concerning the probate process and your duties and obligations as a personal representative. We will be there throughout the course of the probate process to help you fulfill your duties, to make required court filings, and to answer questions that you may have about estate distribution or other matters.
Please call us to learn more about how we can help you.