Best Probate Lawyers in Evansville

About Probate Law in Evansville, United States

Probate law, in Evansville, United States, deals with issues related to the distribution of a deceased person's estate. This law ensures that a deceased person's will is legally valid and assets are distributed according to the will, or if there is no will, in accordance with Indiana State's intestacy laws. These proceedings are brought forward in the Vanderburgh County Circuit Court.

Why You May Need a Lawyer

Managing probate can be a complex and emotional task. You may require a lawyer to help navigate legal requirements, especially when dealing with high-value estates, multiple beneficiaries, or contentious family situations. It's also advisable to seek legal advice if the deceased left no will, or the will is being contested. Lawyers can provide clarification on issues like estate taxes, introduction of a will, identification and inventory of the deceased person's property, payment of debts and distribution of property.

Local Laws Overview

In Evansville, laws relating to probate are governed by the Indiana Probate Code. Some key features include: a will must be filed with the court within 30 days of a person's death; If there's no will, the Indiana intestacy laws dictate the distribution of assets; spouses, children, and parents are considered priority inheritors; assets jointly held automatically pass to the co-owner, and are not considered part of the probate estate.

Frequently Asked Questions

1. What happens if there is no will?

If someone dies without a will, also known as intestate, legal procedures for distributing their assets are defined by Indiana's laws of intestate succession. Your close relatives, like a spouse or children, are the first to inherit your estate.

2. How long does the probate process take?

The length of the probate process can vary greatly, typically ranging anywhere from several months to over a year, depending on the complexity of the estate and any disputes that may arise.

3. Can a will be contested?

Yes, any interested party can contest a will during probate proceedings. Grounds for contesting the will could be if it was not properly executed or if the deceased was under duress or undue influence.

4. Are all assets subject to probate?

No, only assets owned solely in the name of the deceased person are subject to probate. Assets like jointly owned property, retirement accounts with designated beneficiaries, or assets placed in a living trust are generally not subject to probate.

5. Who can serve as an executor?

An executor can be a trusted relative, friend, or professional such as a lawyer or an accountant. The executor should be someone who is willing and able to carry out the deceased's wishes and manage the estate.

Additional Resources

The Vanderburgh County Circuit Court provides information about probate process in Evansville. Indiana Law Journal and Indiana's Judicial Branch can offer more insights into state probate laws.

Next Steps

If you believe you are in need of legal help, the next step would be to seek legal advice. Consider hiring a lawyer who specializes in probate law to ensure your rights and interests are protected. The Evansville Bar Association provides a lawyer referral service that can connect you with a qualified attorney specializing in probate law.