When a loved one passes away, dealing with the legal aspects of their estate is often the last thing on your mind. However, when the deceased does not leave a will, their assets will need to go through a process known as probate. Understanding probate and its implications is crucial to ensuring their assets are distributed according to you and your loved one’s legacy. At The Law Office of Paul A. Rossi, LLC, we stand ready to provide compassionate and comprehensive assistance during this challenging time. Call us for a consultation where you can discuss your legal matter.

Defining Probate in Indiana

Probate is a court-supervised process that occurs after a person’s death. It involves identifying the deceased individual’s assets, paying off any debts, and distributing the remaining assets to the rightful beneficiaries. In Indiana, probate is necessary when a person passes away and leaves property in their name without any designated beneficiaries or trusts in place.

Assets Requiring Probate

Assets requiring probate typically include those solely owned by the deceased and were not assigned a designated beneficiary, such as:

  • Real estate owned individually
  • Bank accounts without a beneficiary designation
  • Life insurance proceeds without a beneficiary
  • An inheritance bequeathed to a beneficiary who has already passed away

Other assets, like personal household items, automobiles, jewelry, and furniture, may also be subjected to probate depending on the overall net value of the estate.

Assets That Do Not Require Probate

Most assets may bypass the probate process due to pre-established documentation. These include:

  • Homes and bank accounts held in joint tenancy
  • Real estate where a Transfer on Death Deed has been recorded
  • Bank accounts with payable-on-death beneficiaries
  • Retirement accounts with designated beneficiaries

Navigating Probate Litigation

Despite careful planning, disputes may arise during the probate process. This may warrant probate litigation, a legal proceeding to resolve contested issues. Some common issues include:

  • Disputes over the validity of wills
  • Conflicts over spousal election
  • Allegations of fraud or undue influence
  • Breaches of trust or fiduciary interest

At The Law Office of Paul A. Rossi, LLC, our team is well-versed in probate litigation and stands ready to protect your interests.

The Importance of Estate Planning

While probate can be an intricate process, careful estate planning can help probate to be avoided. By creating legal documents such as a living trust, you can designate beneficiaries for a wide range of assets. This not only simplifies the distribution of assets but also ensures that your wishes are carried out without court intervention. If you find yourself facing probate, however, know that it’s possible to seek a feasible resolution with the help of an experienced attorney.

Guiding You Through the Probate Process

Probate can be a complex and time-consuming process, but with the right legal assistance, it can be navigated effectively. Whether you need help with estate planning, probate administration, or litigation, The Law Office of Paul A. Rossi, LLC is here to provide the guidance and support you need.

Our team is committed to serving you with compassion, discipline, and a strong work ethic. We are backed by 75 years of litigation experience on the state and federal levels. Your satisfaction is our priority, and we aim to provide a comprehensive client experience. When you’re met with a complicated legal matter, we are here for you. For more information or to schedule a consultation at our Lowell office, contact us today.


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