Probate in Indiana: Complete 2026 Guide

Overview

Indiana probate is administered through the circuit courts and superior courts at the county level. The state has its own probate code under Title 29 of the Indiana Code, which governs wills, estates, trusts, and the appointment of personal representatives.

Indiana has not adopted the Uniform Probate Code (UPC), though its probate laws include several modern features that simplify estate administration. One of the most significant is unsupervised administration, which allows estates to be managed with minimal court involvement after the initial appointment of a personal representative.

Indiana repealed its state inheritance tax effective January 1, 2013. There is no state-level estate or inheritance tax in Indiana. Only the federal estate tax applies, and only to estates exceeding the federal exemption threshold (currently over $13 million for individuals).

The state offers a streamlined small estate affidavit procedure for estates valued at $100,000 or less (increased from $50,000 in 2022), which allows families to transfer personal property without opening a formal probate case. For larger estates, Indiana provides both supervised and unsupervised administration options.

Indiana is not a community property state. It follows the common law (separate property) system. Surviving spouses are protected through intestate succession rights and the right to take against the will.

When Probate is Required

Probate is required in Indiana when the decedent owned assets solely in their name that need to be transferred to heirs or beneficiaries. This includes:

• Real property (land, homes) titled only in the decedent's name
• Bank accounts without payable-on-death (POD) designations
• Investment accounts without transfer-on-death (TOD) designations
• Vehicles titled solely in the decedent's name
• Business interests and personal property of significant value

Probate is not required for assets that pass outside of the probate estate:

• Jointly owned property with right of survivorship
• Life insurance and retirement accounts with named beneficiaries
• Property held in a revocable living trust
• POD and TOD designated accounts
• Tenancy by the entirety property (married couples)
• Transfer-on-death deeds for real estate (Indiana recognizes TOD deeds under IC 32-17-14)

When to use the small estate affidavit: If the total probate estate (personal property only) is valued at $100,000 or less after subtracting liens, encumbrances, and reasonable funeral expenses, families can use the small estate affidavit procedure instead of opening a full probate case.

Real estate transfer without full probate: Indiana allows a passage of title affidavit (also called a devolution affidavit) to transfer real estate without full probate administration, provided it is filed with the county recorder before a personal representative is appointed. This is a useful option for estates where real estate is the primary asset.

Small Estate Options

Indiana's small estate affidavit procedure (IC 29-1-8-1) provides a simplified way to transfer personal property without opening a formal probate case.

Eligibility requirements:

• The total gross probate estate must be $100,000 or less (after subtracting liens, encumbrances, and reasonable funeral expenses)
• This threshold was increased from $50,000 to $100,000 effective July 1, 2022 (applies to deaths occurring after June 30, 2022)
• At least 45 days must have passed since the date of death
• No application for appointment of a personal representative can be pending or have been granted
• The affidavit cannot be used to transfer real estate of any value

How the small estate affidavit works:

1. Wait at least 45 days after the date of death
2. Prepare Indiana Small Estate Affidavit (State Form 54985) with required information
3. The affidavit must be signed under oath and include details about the decedent, heirs/devisees, assets, and debts
4. Present the affidavit, along with a certified death certificate, to the person or institution holding the decedent's property (bank, employer, etc.)
5. The holder of the property is authorized to release the asset to the person named in the affidavit
6. No court filing or court approval is required for the basic affidavit procedure

Key advantages:

• No court filing fee ($177 filing fee for supervised/unsupervised probate is avoided)
• No attorney required (though legal advice may be helpful)
• Faster process than formal probate (can be completed within days of the 45-day waiting period)
• No ongoing court oversight or reporting requirements

Transferring real estate: While the small estate affidavit cannot transfer real estate, Indiana provides a separate passage of title affidavit (devolution affidavit) that can be recorded with the county recorder to transfer real property outside of full probate. This affidavit must be filed before a personal representative is appointed.

Important limitation: The affidavit method places the person collecting the assets in a position of responsibility. They must use the assets to pay the decedent's debts and distribute the remainder according to the will or intestacy law. If they fail to do so, they can be held personally liable.

Step-by-Step Process

For estates that exceed the small estate affidavit threshold or include real property requiring probate, Indiana offers two main administration tracks: supervised and unsupervised.

Step 1: Determine the administration type

• Unsupervised administration: Available when the will authorizes it or when all beneficiaries/heirs consent in writing. The estate must be solvent. Requires minimal court involvement after initial appointment.
• Supervised administration: Required when unsupervised administration is not available. The court oversees each step, including approving the inventory, claims, distributions, and final accounting.

Step 2: File the petition

File a Petition for Probate of Will and Issuance of Letters (testate) or Petition for Appointment of Administrator (intestate) with the circuit or superior court in the county where the decedent lived. Include:

• The original will (if applicable)
• Certified death certificate
• List of heirs and devisees with addresses
• Estimated value of the estate
• Filing fee of $177

Step 3: Court appoints the personal representative

The court reviews the petition and, if satisfied, issues Letters Testamentary (with a will) or Letters of Administration (without a will). The personal representative takes an oath and may be required to post a surety bond (the court can waive bond in certain circumstances).

Step 4: Notify creditors and interested parties

The personal representative must:

• Publish notice to creditors in a newspaper of general circulation in the county
• Send direct notice to all known creditors
• Creditors have 3 months from the date of first publication to file claims, and no claim may be filed more than 9 months after the date of death

Step 5: File the inventory

Within 60 days of appointment, the personal representative must prepare and file an inventory of all estate assets with estimated fair market values.

Step 6: Manage the estate

• Open an estate bank account
• Collect all assets owed to the estate
• Manage and preserve estate property
• Keep detailed records of all transactions

Step 7: Pay debts and claims

After the creditor claim period expires, review and pay valid claims in the priority order established by Indiana law. If the estate is insolvent, follow the statutory order of priority for debt payment.

Step 8: File tax returns

File the decedent's final federal and Indiana state income tax returns. If the estate earns income, file estate income tax returns. Indiana has no state estate or inheritance tax, but federal estate tax may apply to large estates.

Step 9: Distribute assets

• Unsupervised administration: Distribute assets according to the will or intestacy law without court approval. The personal representative has discretion on timing but must act reasonably.
• Supervised administration: File a petition for distribution and obtain court approval before distributing assets.

Step 10: Close the estate

• Unsupervised administration: File a closing statement confirming all duties have been fulfilled. The personal representative remains liable for 3 years after the closing statement.
• Supervised administration: File a final accounting and petition the court for discharge. The court reviews the accounting and formally closes the estate.

Timeline & Costs

Timeline

Indiana probate timelines depend on the administration type:

• Small estate affidavit: Can be completed within days after the 45-day waiting period
• Unsupervised administration: Typically 5 to 9 months
• Supervised administration: Typically 9 to 18 months or longer

Key timeline milestones:

• 45 days after death: Earliest a small estate affidavit can be used
• Within 60 days of appointment: Inventory must be filed
• 3 months after publication: Creditor claim period closes
• 9 months after death: Absolute outer limit for creditor claims

Court filing fees

• Petition for supervised or unsupervised administration: $177
• Small estate affidavit: No court filing fee (the affidavit is presented to asset holders, not the court)
• Passage of title affidavit (real estate): Recording fees vary by county, typically $25 to $50

Attorney fees

Indiana does not have a statutory fee schedule for probate attorneys. Fees are typically based on:

• Hourly rates: $250 to $400+ per hour, depending on location and experience
• Flat fees: $1,500 to $4,000 for straightforward unsupervised administration
• Complex estates: $5,000 to $10,000+ for supervised administration or estates with litigation

The total cost of probate in Indiana generally ranges from 2% to 4% of the estate's total value, including attorney fees, court costs, and other expenses.

Personal representative compensation

Indiana allows personal representatives to receive reasonable compensation for their services. There is no fixed statutory percentage. Courts review fees for reasonableness under IC 29-1-10-13, considering the complexity of the estate, time spent, and the representative's skill and experience.

Other costs

• Surety bond premiums: Typically 0.5% to 1% of the bond amount annually
• Publication fees: $50 to $150 depending on the newspaper and county
• Appraisals: $200 to $500+ for real property or specialty items
• Certified copies of court documents: $5 to $15 per copy

Required Forms

Indiana probate forms are maintained at the county level, though many counties use standardized forms. Key forms include:

For opening the estate:

• Petition for Probate of Will and Issuance of Letters Testamentary (testate estates)
• Petition for Appointment of Administrator (intestate estates)
• Petition for Unsupervised Administration (if applicable, may be combined with the initial petition)
• Original will and any codicils (if applicable)
• Certified death certificate
• Oath of Personal Representative
• Bond (if required by the court)
• Written consent of all heirs/beneficiaries (for unsupervised administration, unless the will authorizes it)

For small estates:

• Indiana Small Estate Affidavit (State Form 54985) - This is the official state form
• Certified death certificate
• Passage of Title Affidavit (devolution affidavit) - for transferring real estate outside of probate, filed with the county recorder

During administration:

• Inventory (due within 60 days of appointment)
• Notice to Creditors (for newspaper publication)
• Claims against the estate (filed by creditors)
• Petition to Sell Real Estate (if the personal representative needs to sell real property)

For closing the estate:

• Closing Statement (unsupervised administration)
• Final Accounting (supervised administration)
• Petition for Distribution (supervised administration)
• Receipts from distributees (confirming receipt of distributed assets)
• Petition for Discharge (supervised administration, requesting formal release of the personal representative)

Forms are typically available from your county's circuit court clerk or on the county court website. The Indiana Judicial Branch website also provides some standardized forms.

Executor Duties

In Indiana, the personal representative (called an executor when named in a will or an administrator when appointed by the court) has the following duties and responsibilities:

Fiduciary duty

The personal representative has a fiduciary duty to manage the estate honestly, prudently, and in the best interest of all beneficiaries and creditors. Indiana courts review personal representative conduct under a standard of reasonableness.

Key responsibilities:

1. Accept appointment and qualify - Take the oath of office, post bond if required, and obtain Letters Testamentary or Letters of Administration from the court
2. Secure estate assets - Take possession of or safeguard all probate assets, including securing the home, notifying banks and financial institutions, and maintaining insurance on valuable property
3. File the inventory - Within 60 days of appointment, file an inventory listing all probate assets and their estimated fair market values
4. Notify creditors - Publish notice in a local newspaper and send direct notice to all known creditors. Creditors have 3 months from publication to file claims
5. Manage estate finances - Open a dedicated estate bank account, deposit all income, pay all expenses, and maintain detailed records
6. Evaluate and pay claims - Review each creditor claim, approve or deny it, and pay approved claims in the priority order set by Indiana law
7. File tax returns - File the decedent's final federal and Indiana income tax returns. File estate income tax returns if the estate generates income during administration. Indiana has no state estate or inheritance tax
8. Manage and preserve assets - Prudently invest estate funds, maintain real property, and protect assets from waste or depreciation
9. Distribute assets - In unsupervised administration, distribute according to the will or intestacy law at the personal representative's discretion. In supervised administration, obtain court approval before making distributions
10. Close the estate - File a closing statement (unsupervised) or final accounting and petition for discharge (supervised)

Unsupervised vs. supervised duties:

In unsupervised administration, the personal representative has broader discretion and does not need court approval for most actions. However, they must still fulfill all fiduciary duties and can be held personally liable for mismanagement. In supervised administration, the court must approve major actions including sales of real property, distributions, and the final accounting.

Personal liability risks:

• Distributing assets before paying valid creditor claims
• Failing to file required tax returns
• Mismanaging or wasting estate assets
• Making distributions that do not follow the will or intestacy law
• Failing to act impartially among beneficiaries

Unique State Rules

Indiana has several distinctive probate features:

Unsupervised administration

One of Indiana's most practical features is unsupervised administration (IC 29-1-7.5), which allows the personal representative to manage the estate with minimal court involvement. This is available when:

• The will specifically authorizes unsupervised administration, OR
• All beneficiaries or heirs consent in writing
• The estate must be solvent (assets exceed debts)

Under unsupervised administration, the personal representative does not need to file formal accountings with the court or obtain court approval for distributions. This significantly reduces costs and speeds up the process.

$100,000 small estate threshold

Indiana raised its small estate affidavit threshold from $50,000 to $100,000 effective July 1, 2022, making it one of the more generous thresholds in the country. This allows a larger number of estates to avoid formal probate entirely for personal property transfers.

Passage of title affidavit for real estate

Indiana provides a unique passage of title affidavit (also called a devolution affidavit) that allows real estate to be transferred outside of probate by recording an affidavit with the county recorder. This must be done before a personal representative is appointed. This is a significant advantage for families whose primary asset is a home.

No state inheritance or estate tax

Indiana repealed its state inheritance tax effective January 1, 2013. There is no state-level death tax of any kind. Only the federal estate tax applies to very large estates.

Intestate succession

When an Indiana resident dies without a will:

• Spouse, no children: Spouse inherits the entire estate
• Spouse and children (all from the marriage): Spouse receives one-half of the net estate
• Spouse and surviving parent(s), no children: Spouse receives three-fourths of the net estate
• No spouse: Children inherit equally; if no children, parents inherit; then siblings, and so on

Short creditor claim period

Indiana has a relatively short creditor claim period of 3 months from the date of first publication, with an absolute bar of 9 months from the date of death. This is shorter than many states and helps estates close more quickly.

Supervised estate fee guidelines

Some Indiana counties, such as Hamilton County, publish maximum fee guidelines for supervised estates that provide a framework for attorney and personal representative compensation. These guidelines help ensure fees remain reasonable.

Transfer-on-death deeds

Indiana recognizes transfer-on-death (TOD) deeds (IC 32-17-14) that allow real property to pass directly to a designated beneficiary upon death, completely bypassing probate. This is a powerful planning tool that can eliminate the need for probate for many families.

No mandatory attorney requirement

Indiana does not require personal representatives to hire an attorney for probate. Individuals can represent themselves (pro se) in probate proceedings, though legal counsel is recommended for estates with significant assets, real property, or potential disputes.

How SwiftProbate Helps

Indiana offers several efficient probate paths, from the small estate affidavit to unsupervised administration. But knowing which path is right for your estate, and then navigating the forms, deadlines, and fiduciary responsibilities, requires careful planning. SwiftProbate makes it straightforward.

What SwiftProbate does for Indiana estates:

• Determines your best path - Based on your estate's value and asset types, SwiftProbate recommends whether to use the small estate affidavit, passage of title affidavit, unsupervised administration, or supervised administration
• Generates your personalized checklist - Creates a step-by-step task list customized for your specific estate, including the type of administration, assets involved, and family structure
• Tracks critical deadlines - Monitors the 45-day waiting period (small estates), 60-day inventory deadline, 3-month creditor claim period, and 9-month absolute bar
• Identifies cost-saving opportunities - Highlights when the small estate affidavit or passage of title affidavit can save you the $177 filing fee and thousands in attorney costs
• Organizes required documents - Tracks all forms needed, from the initial petition or affidavit through closing the estate
• Guides unsupervised administration - Provides clear instructions for personal representatives managing estates without ongoing court supervision

Whether your estate qualifies for the simplified small estate affidavit or requires full unsupervised administration, SwiftProbate helps you complete each step correctly and on time.