Indiana Injury And Family Lawyer BlogShould You Create a Will or a Trust in Indiana?
If you want to make sure your property goes to the right people when you die, you have two primary estate planning tools to choose from: a will or a trust. Each serves a different purpose and offers its own benefits. Deciding which one is right for you depends on your goals, your family situation, and how you want your estate handled after you pass away.
Both wills and trusts help distribute your assets, but they work in different ways. Understanding the differences now can help you avoid confusion, delays, and unnecessary costs later. You do not have to figure it out alone. Working with an estate planning attorney ensures you choose the best path forward for your specific needs.
How a Will Works Under Indiana Law
A will is a legal document that directs how your property should be distributed when you die. You can use a will to name beneficiaries, appoint a personal representative, and choose a guardian for minor children. It also allows you to spell out your funeral preferences or leave specific gifts to friends and relatives.
When you die with a valid will, your estate goes through probate. This is the court-supervised process where your debts are paid and your assets are distributed according to your instructions. In Indiana, probate can take several months to complete. Although it is a public process, it may still be manageable for smaller or simpler estates.