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CuriousMindofMine

Indiana Probate

2 posts in this topic

1) Is there a statue of limitations for probate in the state of Indiana?

2) What is the ramification if the executor of the state goes "MIA" and does not fulfill the duties by settling the estate in a timely manner?

3) Is there a way that the executor can be overturned/replaced by someone else?

4) Supposedly a will was in place by the now deceased, but the family has no idea as to where to begin looking for this. Any suggestions?

Thanks to all who may respond and offer any other additional Indiana probate info that you think would be helpful!

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Kinda hard to remove somone nominated as executor if the will has never even been filed for probate and a probate case opened. Obviously, any heir is free to file intestacy/died without will paperwork and ask to be appointed administrator, and that should flush out any will nominating someone else (or any will that has a distribution contrary to intestacy succession in terms of getting more than someone else).

http://www.in.gov/legislative/ic/code/title29/

I don't know of any general "statute of limitations" on a probate case, but any heir who wants to go after something improperly distributed evidently needs to do it within three years of death.

http://www.in.gov/legislative/ic/code/title29/ar1/ch7.5.html

Best to get off the internet and seek local estate-probate counsel.

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