Efficient Estate Planning, Probate, And Estate Litigation Assistance In Indianapolis
Even the words “estate law” can cause anxiety in many people. Do you and your loved ones know what will happen should life’s most tragic circumstances arise? While almost everyone believes that it is important to have a clear estate plan in place, it is often put off until it is too late. It’s understandable that these processes can seem complicated and overwhelming, but with the right help, they can be simpler.
Bernhardt Phillips, LLP, estate and elder law attorneys are here to ease your stress about estate planning. We can answer all your questions and help you create a plan that ensures your final wishes are fulfilled should unfortunate circumstances occur. Our attorneys provide straightforward, comprehensive advice to clients in Indianapolis, in Marion, Hamilton and Hendricks counties, and throughout Indiana. We are focused on efficient, cost-effective estate planning services that cater to all your estate planning needs. With our help, this process does not have to be stressful or overwhelming.
Our practice areas include wills, trusts, power of attorney (POA) documents and probate matters. Our estate planning lawyers work with you side-by-side to ensure your estate planning documents are accurate and secure.
Thorough, Comprehensive Estate Planning Help
People may think that estate planning is such a large endeavor with numerous complicated components. Our team is here to help simplify this process. We pride ourselves on our efficient and upfront approach to estate planning, probate and estate litigation. We’ll help you figure out all estate planning matters simply and effectively, so you can feel secure and more at ease moving forward. Our team is here to help you with the following matters that will ultimately provide more peace of mind and protection to you, your loved ones and the life you’ve built:
Estate Planning
Your estate plan will address all the major issues and decisions that arise when you pass away. Your estate plan must be thorough, up-to-date, and aligned with all proper laws, rules and regulations of your state. One of the most important components of your estate plan is the last will and testament which generally includes provisions for:
- Bill payment: Outlines how any outstanding debts will be addressed (i.e. who pays and how).
- Personal property: Addresses what happens to a decedent’s personal property, such as furniture, jewelry, bank accounts, and all other items of property owned by an individual (i.e. who gets what and how).
- Residual estate: Outlines how everything else, not previously addressed in the will, should be handled or shared between your beneficiaries.
- Personal representative: Names the executor of your estate. This is the person responsible for taking the will to an attorney, gathering property and opening a bank account for your estate. This person will also distribute your property to your beneficiaries.
Other components of a secure estate plan include power of attorney, a health care directive or health care power of attorney, trusts and beneficiary designations (if not outlined in your will). The estate planning attorneys at Bernhardt Phillips, LLP, can assist in creating these secure documents.
Probate
Probate is another component of estate planning that causes people distress. This process is often very complicated, expensive, and time-consuming. Probate is the legal process involved in distributing a person’s estate after they die. It involves reviewing assets, authenticating the will, addressing tax laws, repaying debts and ultimately distributing assets to the beneficiaries.
An attorney can help streamline probate and ensure that it is carried out successfully. A probate lawyer from Bernhardt Phillips, LLP, can explain the process, prepare documents and represent you in court, if necessary, during the distribution of the estate.
Estate Litigation
Should an issue arise during probate and estate administration, estate litigation may be necessary. Our estate planning lawyers can assist in these matters, too. Our attorneys are skilled in the courtroom and can help you successfully navigate any litigation that may arise from estate planning and estate administration. This can be anything from smoothing over a will contest, figuring out a trust dispute or resolving a guardianship dispute. At Bernhardt Phillips, LLP, our estate planning and probate lawyers are well-versed in litigation and have extensive experience in the courtroom. If an issue arises, you can rely on us to help you figure out estate litigation.
Frequently Asked Questions About Probate In Indiana
The answers to these common questions can help you understand the Indiana probate process.
What qualifies as a “Small Estate” in Indiana, and how does it avoid probate?
In Indiana, a small estate is defined as an estate with a total probate value of $100,000 or less (after subtracting liens, encumbrances and reasonable funeral expenses). The threshold applies only to assets solely in the decedent’s name that do not have designated beneficiaries.
To skip formal probate, heirs can use a Small Estate Affidavit to streamline asset transfers by allowing inheritors to directly claim and distribute property without court intervention. To file, a mandatory waiting period of at least 45 days must be observed. After this period, an heir or beneficiary may present a notarized affidavit and a certified death certificate to the institution holding the asset.
No personal representative can be appointed or await appointment at the time the affidavit is used. The procedure allows certain assets, including vehicles or sole‑owner bank accounts, to transfer without opening a formal probate case.
Does Indiana impose an inheritance or estate tax?
No. Indiana does not impose an inheritance or a state-level estate tax. The state eliminated its inheritance tax for deaths occurring after December 31, 2012. Indiana residents only need to evaluate federal estate tax rules. The federal exemption exceeds $13 million per individual for recent years, meaning only very large estates face potential federal estate tax liability.
How long does the probate process typically take in Indiana?
Probate in Indiana usually requires six to 12 months for a standard estate without disputes. The timeline varies based on factors such as asset complexity, creditor activity and court scheduling.
Indiana mandates a three‑month creditor claim period beginning after notice is first published. During this time, creditors may file claims, and the personal representative must address all valid debts, taxes and expenses. Certain issues can delay the probate process, including:
- Disputes among heirs regarding asset distributions
- Difficulty locating or valuing certain complex assets
- Claims filed by multiple creditors
- Litigation involving estate property
Factors like these can mean that some estates require additional time before probate can conclude.
Get More Information About Estate Planning Matters
Whether you’re thinking about creating your estate plan or trying to resolve a probate issue, we’re here to help. You may use our online contact form to get more information about our services or you can call 317-495-3718 to speak with a member of our legal team and set up an appointment.
If you cannot travel, Bernhardt Phillips, LLP, will come to you to ensure your estate planning documents are drafted, signed and executed according to Indiana law. It is never too early or too late to speak with the attorneys at Bernhardt Phillips, LLP, about your options.