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Frequently Asked Questions About Probate And Estate Administration

What happens if someone objects to the will?

An objection to a will, also known as a “will contest” is a fairly common occurrence during the probate proceedings and can be incredibly costly to litigate.

In order to contest a will, one has to have legal “standing” to raise objections. This usually occurs when, for example, children are to receive disproportionate shares under the will, or when distribution schemes change from a prior will to a later will. In addition to disputes over the tangible distributions, will contests can be a quarrel over the person designated to serve as executor.

Does probate administer all property of the deceased?

Probate is primarily a process through which title is transferred from the name of the deceased to the names of the beneficiaries. Certain types of assets are what is called “non-probate assets” do not go through probate. These include:

  • Property in which you own title as “joint tenants with right of survivorship.” Such property passes to the co-owners by operation of law and does not go through probate.
  • Retirement accounts such as IRA and 401(k) accounts which have designated beneficiaries
  • Life insurance policies
  • Bank accounts with “pay on death” (POD) designations or “in trust for” designations
  • Property owned by a living trust. Legal title to such property passes to successor trustees without having to go through probate

Do I get paid for serving as an executor?

Executors are reimbursed for all legitimate out-of-pocket expenses incurred in the process of management and distribution of the deceased estate. In addition, you may be entitled to statutory fees, which vary from location to location and on the size of the probate estate. The executor has to fulfill his or her fiduciary duties on behalf of the estate with the highest degree of integrity and can be held liable for mismanagement of estate assets in his or her care. It is advised that the executor retain an attorney and an accountant to advise and assist him with his or her duties.

How much does probate cost? How long does it take?

The cost and duration of probate can vary substantially depending on a number of factors such as the value and complexity of the estate, the existence of a will and the location of real property owned by the estate. Will contests or disputes with alleged creditors over the debts of the estate can also add significant cost and delay. Common expenses of an estate include executor’s fees, attorney’s fees, accounting fees, court fees, appraisal costs, and surety bonds. These typically add up to 2 percent to 7 percent of the total estate value. Most estates are settled though probate in about 9 to 18 months, assuming there is no litigation involved.

Still Have Questions? Get Answers At An Initial Consultation.

Losing a loved triggers a lot of challenges at once. The most important thing is that you and your family find the time and space to grieve the loss of your family member. But at the same time, you may be called upon to address estate and probate matters sooner than you would like. At Toland Law Firm, it’s my job to take that weight off your shoulders and help you navigate through the probate process with as little stress as possible.

Learn more about how I can help at an initial consultation. To schedule an appointment, call me at 317-921-0094 or reach me by email. From my office in Indianapolis, I serve clients throughout Indiana.