There’s more to a will than saying who gets what.
Many people assume that if they want their assets to go to their children, they don’t need a will—especially since Indiana’s intestacy law already provides for children when a parent passes away. While that’s technically true, having a will can significantly simplify estate administration, provide additional protections, and make life easier for your family.
A Will Helps Streamline the Process
Even if intestacy law distributes your estate to your children, the probate process can be more complicated without a will. Here’s why:
- Naming a Personal Representative – A will allows you to choose the person responsible for handling your estate. In Indiana, that person is called your “personal representative.” (If you’ve heard of an “executor,” it’s a different name for the same thing.) Without a will, a court must appoint someone, which can lead to family disputes or an administrator you wouldn’t have chosen.
- Avoiding Delays and Extra Costs – A well-drafted will can allow for informal probate, which is quicker and less expensive. Without a will, probate may take longer and require additional legal fees.
- Providing Management for Minor Children – If your children are under 18, they cannot inherit directly. A will allows you to create a trust for their benefit, ensuring responsible management of their inheritance.
- Clarifying Specific Wishes – Do you want your children to receive equal shares? Do you want a particular asset (like a house) to go to one child while another gets a different asset? A will lets you customize your plan, rather than relying on the state’s formula.
A Will Gives Your Executor More Flexibility
A properly drafted will can also grant important powers to the executor (personal representative), such as:
- Selling property without court approval
- Managing assets more efficiently
- Resolving estate matters without unnecessary delays
Without these powers, your executor may have to go through extra court proceedings, adding stress and cost to the process.
More Than Just a Will: A Comprehensive Estate Plan
A basic will is an important first step, but a comprehensive estate plan includes more than just instructions for distributing property. At Stautz Law, our basic estate planning package includes:
✅ A Will – Ensuring your wishes are followed and streamlining probate.
✅ A Healthcare Advance Directive – Appointing a trusted decision-maker for medical care.
✅ A Durable Power of Attorney – Naming someone to handle financial matters if you become incapacitated.
✅ A Plan for Minor Children – Ensuring a trusted guardian is legally designated.
These essential documents work together to provide complete peace of mind for you and your family.
Take the Next Step
If you’re considering estate planning, even for a simple situation, a will makes everything easier for your loved ones. Contact Stautz Law today to discuss your options and ensure your estate is in order.