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3 mistakes people make when handling an estate in Indiana

On Behalf of | Mar 19, 2026 | Probate

Handling an estate usually means figuring things out while everything still feels unsettled, and it’s not always obvious what step comes first. Indiana probate follows a set process, and certain missteps can slow things down or create issues that are harder to fix later. Here are three that come up often.

Waiting too long to start probate

Probate does not start automatically in Indiana. You have to file with the court to open the estate. Under Indiana law, a will generally must be filed within three years of death. Until that happens, you cannot access accounts, transfer property or act on behalf of the estate. That means bills go unpaid, assets sit untouched and nothing moves forward until you take that first step.

Not identifying all assets early

Indiana probate requires you to identify and report estate assets as part of the process. If something is missed, the information filed with the court may be incomplete.

When that happens, you may need to update filings, track down additional records or explain gaps later, which can delay the process and create confusion. Getting documents, account records and asset details organized early helps prevent that from happening.

Paying the wrong debts first

Indiana law requires debts to be paid in a specific order during probate, starting with administration costs and moving down the list. If you pay lower-priority bills first, you may not have enough left to cover required expenses. Fixing that can mean dealing with unpaid claims or trying to recover money that has already been distributed.

Handle it right before small mistakes turn into delays

Handling an estate can feel like a lot, especially when you’re already dealing with everything else that comes with it. You don’t have to figure it all out on your own. Getting guidance from an estate lawyer can help you avoid missteps and keep things moving the way they should. It doesn’t have to be as complicated as it feels at the start.