• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Our Firm
    • About Our Firm
    • Attorney and Staff Profiles
  • Services
    • Asset & Business Planning
    • Dental Practice Law
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Financial Planning Assistance
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Medicaid and Elder Law
    • SECURE Act
    • Special Needs Planning
    • Trust Administration
  • Elder Law
    • Coping With Alzheimer’s
    • Emergency Medicaid & Nursing Home Planning
    • Guardianship & Conservatorship
    • Hospice Care
    • Medicaid Planning
    • Veteran’s Benefits
  • Resources
    • DocuBank
    • Elder Law
      • Elder Law & Medicaid Definitions
      • Elder Law Reports
      • Elder Law Resources
        • Carmel, Indiana Elder Resources
        • Fishers Indiana Elder Law Resources
        • Greenfield, Indiana Elder Law Resources
        • Greenwood Elder Resources
        • Indianapolis Elder Law Resources
        • Lawrence Elder Law Resources
        • Plainfield Elder Resources
        • Zionsville Elder Law Resources
    • Estate Planning
      • Estate Planning Checkup
      • Estate and Gift Tax Figures
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Asset Protection Planning
        • Business Succession Planning
      • Elder Abuse
      • Elder Law
        • Medicaid
        • Medicaid Planning
        • Planning for Long-Term Care
      • Estate Planning
        • Avoiding Estate Taxes
        • Estate Planning for Parents
        • Frequently Asked Questions for Families Without an Estate Plan
        • LGBTQ Estate Planning
        • Women and the Need for Estate Planning
      • Financial Planning
      • Incapacity Planning
      • Legacy Wealth Planning
      • Pet Planning
      • Philanthropy in Your Estate Plan
      • Probate
      • Power of Attorney
      • Small Estate Administration
      • Trusts
        • Trust Administration
        • Trust Administration
        • Serving as Executor
      • Understanding Your Social Security Retirement Benefits
      • Wills
        • Contesting a Will
    • Newsletter
    • Pre Consultation Form
    • Probate and Trust Administration
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss Of A Loved One
      • Probate Resources
        • Carmel, Indiana Probate Resources
        • Greenfield Probate
        • Greenwood Probate
        • Indianapolis Probate
        • Plainfield Probate
        • Indiana Probate
        • Zionsville Probate
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
  • Reviews
    • Our Reviews
    • Review Us
  • Areas We Serve
    • Boone County
      • Lebanon
      • Zionsville
    • Hamilton County
      • Carmel
      • Fishers
    • Hancock County
      • Greenfield
    • Hendricks County
      • Brownsburg
      • Plainfield
    • Johnson County
      • Franklin, Indiana
      • Greenwood
    • Marion County
      • Central Indiana
      • Indianapolis
  • Blog
  • Contact Us

Frank & Kraft, Attorneys at Law

Indianapolis Estate Planning Attorneys

CONNECT WITH US TODAY(317) 684-1100

Attend a Free Workshop
Home » How can a Probate Lawyer Help Executors?

How can a Probate Lawyer Help Executors?

August 2, 2017Probate

probate lawyer

An Indianapolis probate lawyer can represent a person who has been named executor of an estate as the probate process takes place. The executor of an estate has many important responsibilities and legal obligations during the process of probate. Fulfilling many of these requirements necessitates technical and legal knowledge. Because an executor does not want to let down the deceased person (the decedent) or fail to live up to his legal duties, it is beneficial for the executor to get proper legal help from a knowledgeable attorney. 

Frank & Kraft has helped many executors to fulfill their obligations. An Indianapolis probate lawyer at our firm can make serving as executor of an estate easy. Not only will our legal team help guide you through understanding how the probate process works and what must be done during probate, but we can also take care of some of the legally-complex tasks on your behalf. To find out more about how our firm can help you with probate, give us a call today.

How Does an Indianapolis Probate Lawyer Help Executors?

When a decedent names an executor in his will, the executor still must go to court to officially be appointed in this position. Frank & Kraft will assist in starting the probate process in court and will advise you what your duties and obligations will be during probate so you can make an informed choice about whether you actually want to accept the role of executor. If you decide you don’t want to be the executor of an estate, you can decline the role and the court will appoint an estate administrator instead.

If you do opt to follow the wishes of the deceased and act as executor, you will have a fiduciary duty, which is the highest of the legal duties that you can owe to another. You will be expected, throughout the probate process, to put your own self interests aside and act on behalf of the estate in a responsible manner. If you fail to fulfill your obligations, you could be removed as executor and it is possible that legal action for breach of fiduciary duty could be brought against you.

As the executor of an estate, you will have to take care of the assets in the probate estate during the probate process. This can include paying bills out of estate funds and keeping a careful accounting. If anyone owes money to the estate, the executor of an estate will need to collect it. The executor of an estate will also need to track down all assets that should be part of the probate estate, and will need to provide notice of the probate proceedings to all interested parties including any creditors who may have claims on the estate.

As the probate process moves forward, the executor of an estate will have to continue to submit any relevant court paperwork. Complying with all tax obligations is also a responsibility of the executor, and the executor will need to complete any technical legal requirements associated with the formal transfer of all assets to new owners. Depending upon the kind of property that is in the probate estate, the executor of an estate may have to facilitate the changing of titles and deeds so the decedent’s property can officially and formally transfer to those designated in the will as heirs or beneficiaries.

Executors can also face other challenges as well. For example, it is the job of an executor of an estate to make sure that a will is defended if the will is contested. Frank & Kraft can provide assistance in complex probate proceedings where problems arise, as well as helping the executor of an estate to fulfill his obligations during a simple probate proceeding.

Getting Help from An Indianapolis Probate Lawyer

If you have been named as executor of an estate in a loved one’s will, don’t wait to take action. Because the probate process can take a long time, it is best to get started as soon as possible in moving the process forward. Frank & Kraft will work with you to get court paperwork filed, to begin providing notice to interested parties, and to begin the management of estate assets that must pass through probate.

To find out more about how an Indianapolis probate lawyer at our firm can help you, join us for a free seminar today. You can also give us a call at 317-684-1100 or contact us online to get in touch with an attorney who can provide you with personalized advice throughout probate.

  • Author
  • Recent Posts
Paul A. Kraft, Estate Planning Attorney
Paul A. Kraft, Estate Planning Attorney
Paul Kraft is Co-Founder and the senior Principal of Frank & Kraft, one of the leading law firms in Indiana in the area of estate planning as well as business and tax planning.

Mr. Kraft assists clients primarily in the areas of estate planning and administration, Medicaid planning, federal and state taxation, real estate and corporate law, bringing the added perspective of an accounting background to his work.
Paul A. Kraft, Estate Planning Attorney
Latest posts by Paul A. Kraft, Estate Planning Attorney (see all)
  • Is a Senior Life Settlement Right for Me? - February 2, 2023
  • Understanding the Annual Exclusion - January 31, 2023
  • Updated Federal Gift and Estate Tax Figures for 2023 - January 26, 2023

Other Articles You May Find Useful

inheritance
How Long Do I Have to Wait to Receive My Inheritance?
Indianapolis estate planning attorney
What Can Go Wrong during Probate?
Trustee
Estate Planning Tools to Help Avoid Probate
Indianapolis probate lawyers
What Are the Steps Involved in Probating an Estate?
Indianapolis probate lawyers
What Do Probate Lawyers Do?
Indianapolis probate lawyer
Is Probate Necessary after My Mother Passed Away?

Primary Sidebar

Frank & Kraft, Attorneys at Law

Download our free Estate Planning Worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.

Follow Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube

Blog Subscription

Where We Are

Frank & Kraft Attorneys at Law
135 N. Pennsylvania Street Suite 1100
Indianapolis, IN 46204-2485
Phone: (317) 684-1100
Fax: (317) 684-6111

See Larger MapGet directions

Office Hours

Monday8:00 AM - 5:00 PM
Tuesday8:00 AM - 5:00 PM
Wednesday8:00 AM - 5:00 PM
Thursday8:00 AM - 5:00 PM
Friday8:00 AM - 5:00 PM

Map

frankkraft_sidbr_map

Footer

  • Advantages of Working With Our Firm
  • About The American Academy
  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
footer-logo

Frank & Kraft Attorneys at Law
Attorney Advertisement

© 2023 American Academy of Estate Planning Attorneys, Inc.

© 2023 · American Academy of Estate Planning Attorneys, Inc. | Disclaimer | Privacy Policy | Sitemap | Contact Us