Chicago, IL asked in Probate and Family Law for Indiana

Q: Do I have to probate a will that contains only personal items, such as clothing, furniture, dishes ect. Value 500.

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1 Lawyer Answer

Alexander Florian Steciuch

Answered
  • Probate Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: As a matter of law you have a duty to 'spread the will of record' or 'file the will without administration.' What this means is that you go to the court and file the will with the court but do NOT probate the will. No administration is put in place, no executor is appointed, no estate is opened.

If the value of the estate is under $50,000.00 (I believe it was increased this year), you do not have to open an estate. You can transfer the property through a Small Estate Affidavit. Contact a local attorney in your area to get more information on preparing a Small Estate Affidavit.

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