If my father passed leaving 3 children but had no Will, how long do we have to wait to wait to file for his property?

He owened 5 lots.

Asked on September 26, 2014 under Estate Planning, Indiana


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  The only waiting period that I see in the statute is for a Small Estate Affidavit filing.  SInce your Father died with out a will - "intestate" - you would petition the court for an Administration.  There are various methods of probating the estate depending on the size and value.  You should at least speak with a probate lawyer on a consultation basis.  Good luck.

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