Legal Question in Elder Law in Indiana

Re: Estate with assets in another state

If the land was just in the decedent's name and is worth more than $25,000, you need to open an estate in the county where the land is located in Indiana. If the land was in joint names, you merely file an affidavit of survivorship and the deed to the corporation. If the land is worth less than $25,000, then there are a variety of affidavits which are specified by statute and can be used in lieu of opening the estate to get the property transferred. The first thing you look at is how the property was titled prior to death. If individually, then you look to the value of the land. Only if it is valued over $25,000 must you open an estate to have a personal representative appointed in order to deed the land to you or sell the land as part of the probate process. Depending upon how much land you are talking about, you may want to have an appraisal to determine the value.

Re: Estate with assets in another state

Where is the land? If the land is in Florida and it is the only property subject to probate, then you can file in Florida. If the land value is less than $75,000, you can file for Summary Administration (an abbreviated and less expensive form of probate). Should you have further questions or wish to discuss this matter in detail with me, please feel free to contact me via email or phone.