Estate Administration Attorney in New Albany, Indiana

Experienced Guidance Through Estate Administration in Indiana

The passing of a loved one can be overwhelming, and settling their affairs adds a layer of legal complexity. If you have been named the personal representative (also referred to as an executor) or administrator of an estate, you may have many questions about your responsibilities. At Mattox & Wilson, our New Albany estate administration attorneys help guide families through this process, ensuring that estates are administered efficiently, lawfully, and in accordance with the wishes of the deceased.

Our estate administration law firm serves New Albany and the surrounding Indiana communities, providing dedicated legal counsel for estate administrators and heirs. Whether you need assistance with probate proceedings, asset distribution, creditor claims, or tax filings, our team is here to help.

Call 812-944-8005 to schedule a consultation with an experienced New Albany estate administration lawyer.

What Is Estate Administration?

Estate administration is the legal process of managing and distributing a deceased person’s assets. In Indiana, this may involve:

• Probate: A court-supervised process to authenticate a will and oversee estate distribution.
• Asset Inventory & Valuation: Identifying, appraising, and securing assets.
• Debt & Tax Payment: Ensuring outstanding debts and taxes are properly settled.
• Heir & Beneficiary Distribution: Ensuring property is transferred to rightful heirs per a will or intestacy laws.
• Court Filings & Legal Compliance: Handling all required legal documents to close an estate properly.

Indiana law distinguishes between probate and non-probate assets. Non-probate assets—such as life insurance proceeds, payable-on-death accounts, and jointly owned property—transfer directly to named beneficiaries. Probate assets require legal proceedings to determine their distribution.

Do All Estates Go Through Probate in Indiana?

Not necessarily. Indiana offers small estate administration for estates valued at $100,000 or less (as of 2024), allowing heirs to use an Affidavit of Transfer to claim assets without formal probate.[i] Additionally, estates structured with trusts, joint ownership arrangements, or beneficiary designations may bypass probate altogether.

If you’re unsure whether probate is necessary, our estate administration lawyers in New Albany can assess your situation and guide you through the best approach.

Can A Personal Representative Be Held Personally Liable in Indiana?

In Indiana, a personal representative (executor or estate administrator) is responsible for managing and distributing the estate of a deceased individual. While they act on behalf of the estate, personal liability can arise if they fail to fulfill their legal obligations properly.

When Can a Personal Representative Be Held Liable?

A personal representative is not automatically liable for the estate’s debts. However, they can be held personally liable in the following situations:

Failure to Pay Estate Taxes & Debts

• The personal representative must ensure that all estate debts, taxes, and creditor claims are paid before distributing assets to heirs.
• If they distribute assets before paying debts, they may be personally responsible for covering unpaid taxes or creditor claims.

Mismanagement of Estate Assets

• Personal representatives must act in the estate’s best interests. If they:
  • Lose, destroy, or mismanage assets
  • Sell property below market value
  • Fail to maintain real estate or investments

they can be personally responsible for financial losses.

Failure to Follow the Will or Indiana Law

• If the personal representative distributes assets improperly—such as ignoring the will’s terms or not following Indiana’s intestacy laws in the absence of a will—they can be held liable for damages.

Acting in Bad Faith or Engaging in Fraud

• A personal representative owes a fiduciary duty to the estate and its beneficiaries. If they:
  • Use estate funds for personal expenses
  • Favor certain heirs improperly
  • Engage in fraud, theft, or misconduct

they may face civil liability and, in extreme cases, criminal charges.

Failure to Provide Proper Accounting

• The representative must maintain detailed financial records of the estate’s income, expenses, and distributions.
• If they fail to provide an accurate report to the court or heirs, they can be held accountable.

How Can a Personal Representative Protect Themselves?

• Work with an Estate Administration Attorney. An experienced estate administration lawyer ensures compliance with Indiana probate laws, helping the personal representative avoid costly mistakes.
• Pay Debts & Taxes Before Distributing Assets. Ensuring debts and taxes are settled first prevents claims against the personal representative.
• Keep Accurate Records. Document all transactions, payments, and distributions to avoid disputes or allegations of mismanagement.
• Communicate with Beneficiaries. Clear communication reduces misunderstandings and potential lawsuits from heirs.
• Seek Court Approval for Major Actions. If there is uncertainty about selling assets or distributing funds, getting court approval can protect the personal representative from liability.

Get Legal Guidance to Avoid Personal Liability

If you are a personal representative handling an estate, it’s crucial to take the proper legal steps to avoid personal liability. At Mattox & Wilson, we help individuals navigate estate administration safely and efficiently. Call us today to learn about your legal rights and options.

Dealing With an Intestate Estate? We Can Help.

If you’re handling the estate of a loved one who passed away without a will, our team at Mattox & Wilson can help navigate Indiana’s intestacy laws and ensure compliance with all legal requirements so you have the best chances of avoiding personal liability. Call us today to schedule a consultation with an experienced New Albany estate administration attorney.

How Long Does Estate Administration Take?

The timeline for estate administration varies based on estate complexity, creditor claims, and potential disputes. Generally:

• Small estates (under $100,000) may be settled in a few months.
• Simple probate cases often take 6–12 months.
• Complex estates involving litigation, disputes, or tax issues can take over a year.

As New Albany Estate administration attorneys with decades of legal practice, we streamline the process to ensure a smooth, timely resolution.

How We Help with Estate Administration in Indiana

At Mattox & Wilson, we take the burden off personal representatives and heirs by offering comprehensive estate administration services, including:

• Probate Representation – Handling all court filings and proceedings.
• Asset Management – Identifying, valuing, and securing estate property.
• Debt & Tax Resolution – Ensuring proper payment of debts and final taxes.
• Beneficiary Distributions – Managing the legal transfer of assets.
• Will Disputes & Estate Litigation – Protecting estates from legal challenges.

Speak With a New Albany Estate Administration Lawyer Today!

If you are facing the responsibilities of estate administration, don’t go through it alone. The legal process can be complex and stressful, but we are here to help. Contact Mattox & Wilson today at 812-944-8005 to schedule a free consultation with an experienced estate administration attorney in New Albany.

[i] Indiana Code § 29-1-8-1. Small Estates; Payment Upon Presentation of Affidavit; Vehicle or Watercraft; Securities; Insurance Death Benefit; Safe Deposit Box; Digital Asset :: 2024 Indiana Code :: U.S. Codes and Statutes :: U.S. Law :: Justia