What to do
when someone dies
Someone close to you has died. Like most people in this situation, you’re not sure where to start. During this time, it is helpful to understand there are processes and time needed to move things forward. That said, in the immediate, there is little that can be or in many cases should be, done.
Download “Now What?“
This checklist gives you some direction with regards to what to do – and what not to do – when someone dies.
The quick-reference list helps to address concerns in those first days or weeks. The true path and necessities will become clearer as more information becomes available to you and your family.
Cost is usually the first question, so here’s a short answer. Attorney fees for probate vary a lot from one firm to the next, and many firms charge a percentage of the estate’s value. We charge between $4,000 and $4,500 as a flat fee for a standard unsupervised Indiana probate, based on the work your case takes. That covers the base expenses and fees, including support for the Personal Representative through the process. You’ll find more on how fees work further down.
Which Path Applies to You
Someone died. That doesn’t tell you yet whether the estate goes through probate. Many don’t. Some do. What decides it usually comes down to how the assets were titled, not how complicated things feel right now.
There are generally three paths:
- Probate administration. The estate goes through the court. This is the most involved path, and it’s what most of the material below walks you through.
- Trust administration. Assets were held in a trust, so the court generally isn’t part of it. The trustee named in the trust steps in and follows what the trust says.
- Small estate administration. The estate is small enough that Indiana allows a shorter process without a full probate case. Depending upon the asset type and how it is held, we can create forms to transfer the asset and avoid probate.
You may not know which one fits yet. That’s normal this early. The material below can help you get oriented while the picture becomes clearer.
More info
There are things to do, things to hold off on, and some mistakes that are easy to make early and harder to undo. The videos below walk you through some things that you might have questions about. The downloads are there when you’re ready to prepare for a conversation with us.
When you want to talk through your specific situation, we’re here. There’s no charge for our initial conversation.
ATTORNEYS fees
Attorney fees for probate aren’t standard. They can vary by thousands of dollars, depending on how the case is structured and how the attorney bills.
Flat fee, hourly, or based on the value of the estate. This video explains each approach, so you know what to compare before you hire anyone.
FIRST steps
The first days after someone dies are not the time to act on the estate. The urge to get organized, to start settling things, is natural. Worth resisting. If you’re navigating the Indiana probate process, patience is important.
Steps 1 through 3 cover that window. Do very little. Don’t step into authority that hasn’t been officially granted. Don’t pay anyone out of your own pocket yet. This video explains why each of those rules matters, and what can happen when people skip them.
Probate overview
Probate gets mentioned a lot when someone dies. In Indiana, the probate process can be complex, but it is essential to understand the basics.
It sounds complicated. Sometimes the process is involved, sometimes it isn’t required at all.
This video explains what probate actually is, when it applies in Indiana, and what the process looks like from start to finish. If you’re trying to figure out whether you even need to go through probate, start here.
WHAT TO DO
The first few days after someone dies are not the time to settle the estate. This video walks through ten things to do — and not do — when someone passes away. For those facing the Indiana probate process, following these steps is crucial.
Some of what feels logical in that moment can create real problems later. A few of the rules are counterintuitive. This helps you understand why.
Who you’ll meet
RG Skadberg
RG founded CCSK Law with a simple idea: legal planning shouldn’t feel like a foreign language. Law is his sixth career; he went to law school at 47 after watching people get lost when life and the legal system collided. That’s shaped how he practices: explain the reasoning, lay out the options in plain English, and let clients pick the path that fits their lives.
RG focuses on Wills, Trusts, Powers of Attorney, Medicaid and Elder Law, Probate, and planning small business owners. He’s lived in Valparaiso for 27 years with his wife Ann and their two daughters, and outside the office he’s usually building something, whether that’s a new resource for clients or his golf game.
Questions about what to do when someone dies in Indiana
No. Whether an estate goes through probate usually depends on how the assets are set up. Assets held in a trust, or assets that pass directly to a named beneficiary, generally don’t need the court. Smaller estates may qualify for a shorter process.
Probate runs through the court. Trust administration generally doesn’t. When there’s a trust, the trustee named in the trust document steps in and follows what the trust says. It has its own steps and its own timeline.
It depends on the firm. Some charge by the hour, some charge a percentage of the estate’s value, and some charge a flat fee. We charge a $4,000 flat fee for a standard unsupervised Indiana probate. Our article on what probate attorneys charge in Indiana walks through each way of billing.
That’s normal this early. Many people don’t know yet, and the answer often takes a look at the documents and how the assets are held. Call us and we’ll help you figure out where you stand. No charge for that first conversation.
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