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.

Wills are relatively inexpensive to create and update. If you want a straightforward document that names beneficiaries and outlines your wishes, a will may meet your needs. Just keep in mind that a will alone does not help you avoid probate.

What a Trust Can Do for You

A trust is a legal arrangement where you transfer ownership of your assets to a trustee who manages them for your benefit during your life and then distributes them according to your instructions after your death. Unlike a will, a trust can take effect during your lifetime and does not require probate when properly funded.

One major advantage of a trust is privacy. While probate is public, a trust keeps your estate affairs confidential. A trust can also save time and reduce costs for your heirs by avoiding the court system entirely. This is especially helpful if you own property in multiple states, want to place restrictions on distributions, or anticipate family disputes.

In Indiana, revocable living trusts are commonly used for estate planning. You can change or revoke the trust at any time while you are alive and competent. Once you die, the trust becomes irrevocable, and the trustee follows your instructions. Unlike a will, a trust can also manage your affairs if you become incapacitated, reducing the need for a court-appointed guardian.

Choosing Between a Will and a Trust

If you have minor children, want to name a guardian, or only need to direct the distribution of personal property, a will may be enough. If you have significant assets, want to avoid probate, or care about privacy, a trust could be the better choice.

For many Indiana residents, a combination of both tools works best. You can use a trust to handle most of your assets and a simple will—called a pour-over will—to transfer any remaining property into the trust at death.

Every estate plan is unique. You need to consider the size of your estate, your family dynamics, and whether you want to make distributions over time. You may also want to plan for disability or protect assets for children from a prior relationship. These goals are easier to achieve with careful planning and professional guidance.

Call Padove Law to Build the Right Estate Plan for Your Family

Whether you choose a will, a trust, or both, the right estate plan gives you peace of mind and protects your loved ones from avoidable stress. Do not leave your legacy to chance. Let a trusted legal team help you understand your options and put the right documents in place.

Contact Padove Law at (877) 448-8585 to schedule a consultation. Take the next step toward building a plan that meets your goals, respects your values, and gives your family the security they deserve.

If you pass away without a valid will in Indiana, state law decides who inherits your property—regardless of your personal wishes. This is called intestate succession. Without a will, your loved ones may face confusion, delays, and even legal disputes. You lose the ability to choose who receives your assets, who manages your affairs, and who looks after your children.

Indiana’s intestate laws are not flexible. They follow a fixed formula, even when those outcomes feel unfair to your surviving family. If you want to protect your loved ones and make your own choices, creating a legally valid will is one of the most important steps you can take.

How Indiana Intestate Succession Works

When you die without a will, Indiana Code § 29-1-2 controls the distribution of your estate. The court appoints a personal representative to collect your assets, pay off debts, and distribute whatever remains according to the statute. You do not get a say in who performs this role.

If you are married at the time of death and have children, your spouse does not automatically inherit everything. The surviving spouse generally receives half of the estate, and the children divide the other half equally. If all the children are from your current marriage, this division may feel somewhat balanced. However, if there are children from a previous relationship, the split can become contentious.

If you die unmarried but have children, the entire estate passes to your children in equal shares. If a child passed away before you but had children of their own, that branch of the family still receives a portion through what is called representation.

If you leave behind a spouse and no children, your spouse does not always receive everything. Indiana law gives a portion to your surviving parents if they are still alive. This can create an awkward situation, especially when the surviving spouse and in-laws disagree about finances or funeral arrangements.

When there is no surviving spouse, child, or parent, your assets may pass to siblings, nieces, nephews, or even more distant relatives. If no relatives can be found, your property may eventually be claimed by the State of Indiana.

What This Means for You and Your Family

Relying on the state to handle your estate means giving up control. You cannot designate guardians for minor children, decide who receives family heirlooms, or leave specific gifts to friends or charities. You also cannot exclude estranged relatives or prevent unintended outcomes.

Family disagreements become more likely when there is no clear plan. A properly executed will removes doubt, reduces stress, and helps your loved ones carry out your wishes with confidence.

In addition to naming beneficiaries, a will allows you to choose a personal representative to manage your estate. This person collects your assets, pays debts, and distributes what remains. If you do not name someone, the court makes that decision for you.

Creating a Will Is Easier Than You Think

A basic will does not have to be expensive or time-consuming. What matters is that it meets Indiana’s legal requirements and clearly reflects your wishes. You must be at least 18 years old and of sound mind. The document must be signed by you and witnessed by two competent adults. Handwritten wills, or holographic wills, are not valid in Indiana unless they meet specific standards.

Working with an attorney helps ensure your will is valid and complete. You can also update it as your life changes. Marriage, divorce, the birth of a child, or the loss of a loved one may all warrant a revision.

Talk to Padove Law About Creating a Will in Indiana

If you live in Indiana and do not yet have a will, now is the time to act. Without one, state law takes over when you die, and your wishes may never be honored. A will gives you control and peace of mind—and it gives your family the clarity they deserve.

Call Padove Law today at (877) 448-8585 to schedule a consultation and take the first step toward a clear, enforceable estate plan that reflects your values and protects the people you care about most.