How is an estate distributed?

In Indiana, an estate is distributed according to the instructions of the deceased’s Last Will and Testament. If the deceased did not leave a Will, the estate is distributed according to the laws of intestate succession. This means that the estate is distributed to the surviving family members in accordance with the Indiana intestacy laws. When an estate is distributed through probate, the court will generally appoint a personal representative (also known as an executor or administrator) to manage the process. The personal representative is responsible for Step 1: gathering, inventorying and valuing the deceased’s assets, Step 2: paying debts, expenses and taxes and Step 3: distributing the remaining assets to the beneficiaries of the estate. Before assets can be distributed, however, the personal representative must ensure that all debts and expenses have been paid. This includes funeral expenses, medical bills, and any other debt owed by the deceased. The remaining assets are distributed to the beneficiaries according to the instructions of the Will or the laws of intestate succession. Under the laws of intestate succession, the assets are distributed according to the deceased’s closest living relatives. Spouses, children, parents, siblings and other relatives may be entitled to a portion of the estate. The distribution of assets may be modified if it is found that the deceased had an intention to provide for someone other than those closest to them.

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