Indiana Probate Guide
If you've just lost someone and are facing the Indiana probate process — this guide walks you through what it costs, how long it takes, the exact filings Indiana requires, and whether you can avoid formal probate entirely.
Typical Timeline
6–12 months
Uncontested formal probate
Small Estate Threshold
$100,000
Indiana Small Estate Affidavit (I.C. 29-1-8-1)
Court
Indiana Circuit or Superior Court (Probate Court in Marion County and St. Joseph County)
Filing fee: $177–$250
Executor Commission
Reasonable fee
~$25,000 on a $1M estate
Probate is required when the decedent's solely owned probate assets exceed $100,000 or include any real estate that isn't held in trust, joint tenancy, or by TOD deed. Indiana offers unsupervised administration (default) and supervised administration (court oversight) tracks. Most Indiana estates qualify for the streamlined unsupervised process.
Most Indiana unsupervised probates close in 6-12 months. The mandatory creditor claim period is 3 months from first publication, and supervised administration may extend to 18+ months.
Indiana's Indiana Small Estate Affidavit (I.C. 29-1-8-1) allows qualifying estates to skip formal probate.
| If the death occurred… | Small estate threshold |
|---|---|
| Decedents dying July 1, 2006 - June 30, 2022 | $50,000 |
| Decedents dying on or after July 1, 2022 (SEA 67-2022) | $100,000 |
For decedents dying after June 30, 2022, the threshold rose to $100,000. The affidavit can be used 45 days after death, only for personal property (no real estate). Heirs present it directly to asset holders.
Indiana Code 29-1-10-13 entitles the personal representative to reasonable compensation reviewed and approved by the court. No statutory percentages; courts assess size, complexity, time, and skill.
Example: An estate valued at $1,000,000 would yield an executor commission of approximately $25,000.
Attorney fees:
Attorney fees are also subject to court review under IC 29-1-10-13 and IC 29-1-10-14, typically billed hourly.
Multiple co-executors:
Co-PRs share the reasonable fee; the court will not award duplicate compensation for the same services.
Statute: IC 29-1-10-13
Bond is not required in unsupervised administration when the will waives it or all heirs consent. Supervised estates and out-of-state PRs are generally required to post bond under IC 29-1-10-1.
Statute: IC 29-1-10-1
Indiana has no state estate tax or inheritance tax. The Indiana inheritance tax was repealed in 2013 (HEA 1001-2013) effective retroactively to January 1, 2013. Only the federal estate tax applies, with a 2026 exemption of $15 million per individual / $30 million per married couple under the One Big Beautiful Bill Act.
Indiana provides a surviving spouse the right to take against the will (IC 29-1-3-1), receiving one-third of the net personal estate plus one-third of the real estate if there are descendants, or one-half if not. A surviving spouse is also entitled to a $25,000 family allowance under IC 29-1-4-1.
The Indiana Family and Social Services Administration recovers Medicaid expenditures from the probate estates of recipients aged 55+ under IC 12-15-9. Indiana limits recovery to the probate estate (not joint property or living trusts). Recovery is deferred while a surviving spouse or minor/disabled child survives.
The full Indiana executor checklist has 24 milestones: 5 specific to Indiana law (shown below — filings, forms, and court interactions tied to Indiana statutes) and 19 universal duties that apply in every state (expandable at the end of the list). The same item never appears in both groups.
File petition for probate with the court
File a Petition for Probate of Will and issuance of Letters Testamentary (or Petition for Letters of Administration if intestate) with the circuit or superior court in the county where the decedent resided. Indiana offers supervised administration (default) and unsupervised administration (upon request if all heirs agree). Qualifying small estates may use a simplified affidavit procedure under IC 29-1-8-1.
Publish notice of administration
Publish a Notice of Administration in a newspaper of general circulation in the county where the estate is being administered, as required by IC 29-1-7-7. The notice informs creditors and other interested parties of the estate administration. Creditors generally have three months from the date of first publication to file claims, or nine months from the date of death, whichever is earlier.
File inventory of estate assets
Prepare and file an inventory of all estate assets with the court within two months of appointment, as required by IC 29-1-12-1. The inventory must include all real and personal property with date-of-death fair market values. The court may appoint appraisers, or the representative may use qualified independent appraisers.
Review and pay valid creditor claims
Evaluate all claims filed within the claims period. Allow or reject each claim under IC 29-1-14-10. Pay valid claims from estate funds in the order of priority: costs of administration, funeral and burial expenses, debts with federal preference, taxes, medical expenses of last illness, and all other claims.
Distribute residuary estate to beneficiaries
After all debts, taxes, expenses, and specific bequests have been satisfied, distribute the remaining estate assets to the residuary beneficiaries as directed by the will or Indiana intestacy law (IC 29-1-2-1). Indiana provides the surviving spouse certain allowances and the right to take against the will. Obtain signed receipts from all beneficiaries.
Obtain certified death certificates
Order at least 10-12 certified copies of the death certificate from the Indiana State Department of Health, Vital Records Division, or the local county health department. These are required by the circuit or superior court, financial institutions, insurance companies, and government agencies.
Locate and review the will
Search for the decedent's original will and any codicils. Under Indiana Code Section 29-1-7-3, any person having custody of a will must deliver it to the court having jurisdiction within a reasonable time after the testator's death. Indiana does not follow the UPC but has its own probate code under IC Title 29.
Secure estate property and valuables
Immediately secure the decedent's residence by changing locks if necessary. Safeguard valuables such as jewelry, cash, important documents, firearms, and collectibles. If the home will be vacant, arrange for regular checks, maintain climate control, and notify the homeowner's insurance carrier of the vacancy. Secure vehicles, safe deposit boxes, and storage units. Document the condition of all property with photographs.
Receive Letters Testamentary or Letters of Administration
After the court admits the will and appoints the personal representative, Letters are issued. The representative must take an oath and typically must post a bond unless waived by the will or by all heirs consenting to unsupervised administration. Obtain multiple certified copies.
Notify the Social Security Administration
Report the death to the Social Security Administration at 1-800-772-1213 if the funeral home has not already done so. Benefits received after the date of death must be returned. Surviving spouses and dependent children may be eligible for survivor benefits.
Cancel services, subscriptions, and forward mail
Forward the decedent's mail through USPS to the executor's address or a secure location to capture bills, tax documents, and creditor correspondence. Cancel or transfer utilities (electric, gas, water, internet, phone), streaming services, gym memberships, magazine subscriptions, and other recurring payments. Notify the landlord if the decedent rented. Cancel the decedent's driver's license, voter registration, and passport to help prevent identity theft.
Notify financial institutions
Send certified copies of the death certificate and Letters to all banks, brokerage firms, insurance companies, and retirement account custodians. Request date-of-death valuations for all accounts and begin marshaling estate assets.
Open an estate bank account
Obtain an EIN from the IRS via Form SS-4 and open a checking account in the name of the estate. All estate income and expense payments should flow through this account. Indiana courts expect meticulous financial record-keeping.
File IRS Form 56 (Notice of Fiduciary Relationship)
File IRS Form 56 to notify the IRS that you are acting as the fiduciary (executor or administrator) for the decedent's estate. This establishes your authority to receive the decedent's tax information, file returns on their behalf, and correspond with the IRS regarding estate matters. File this form promptly after receiving Letters.
Maintain insurance and pay ongoing estate expenses
Review and maintain all insurance policies on estate property, including homeowner's insurance, auto insurance, and any umbrella liability coverage. Lapsed coverage during administration can expose the estate to significant liability. Continue paying ongoing obligations from the estate bank account: mortgage or rent, property taxes, HOA fees, storage unit fees, and essential maintenance. Keep detailed records of all payments for the final accounting.
Handle digital assets and online accounts
Identify and secure the decedent's digital assets, including email accounts, social media profiles, cloud storage, cryptocurrency wallets, online banking, and digital subscriptions. Most states have adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which governs fiduciary access to digital accounts. Check the decedent's devices, password managers, and records for account credentials. Contact service providers to memorialize or close accounts as appropriate.
File claims against life insurance and benefits policies
File claims on all life insurance policies, accidental death policies, and any other insurance or death benefits payable to the estate or named beneficiaries. Provide certified death certificates and completed claim forms to each insurance carrier. Note that policies with named beneficiaries generally pass outside of probate directly to the beneficiary, but proceeds payable to the estate must be inventoried.
File final personal income tax return (Form 1040 and Indiana Form IT-40)
File the decedent's final federal income tax return (Form 1040) and Indiana individual income tax return (Form IT-40) for the period from January 1 through the date of death. Indiana imposes a flat state income tax plus county income taxes. A surviving spouse may file jointly for the year of death.
File estate income tax return (Form 1041 and Indiana Form IT-41) if applicable
If the estate earns more than $600 in gross income during administration, file federal Form 1041 and Indiana Fiduciary Income Tax Return (Form IT-41). The estate is a separate taxpayer from the date of death.
File Indiana inheritance tax return if applicable
Indiana repealed its inheritance tax for deaths occurring on or after January 1, 2013. For prior deaths, an Indiana Inheritance Tax Return (Form IH-6) would have been required. File federal Form 706 if the gross estate exceeds the federal exemption; it may also be filed for portability purposes.
Distribute specific bequests
Distribute any specific gifts or bequests identified in the will, such as jewelry, heirlooms, specific dollar amounts, or particular assets to named beneficiaries. Obtain signed receipts from each beneficiary. Ensure adequate reserves are maintained for taxes, administration costs, and any pending creditor claims before making distributions.
File final accounting with the court
Under supervised administration, file a final accounting with the court detailing all receipts, disbursements, and distributions. Under unsupervised administration, provide a final accounting to all interested persons. The court will review and approve the accounting under supervised administration.
Petition for discharge and close the estate
After the final accounting is approved and all distributions are complete, petition for discharge. The court will enter an order closing the estate and releasing the personal representative from further liability.
Close the estate bank account
After all distributions are complete and the personal representative has been discharged, close the estate bank account. Verify all checks have cleared and the balance is zero. Retain financial records for at least five years.
Out-of-state decedents owning Indiana real property require ancillary probate in the Indiana county where the property is located. Foreign personal representatives may file authenticated letters under IC 29-1-12.
Most unsupervised probates close in 6-12 months after the 3-month creditor period from publication. Supervised or contested estates can run 12-24 months.
Court filing fees are roughly $177-$250. Executor and attorney compensation follow a 'reasonable fee' standard reviewed by the court, often 2-4% each. Total probate cost typically runs 3-7% of estate value.
$100,000 for deaths after June 30, 2022 (raised from $50,000). The affidavit can be used 45 days after death for personal property only - real estate cannot be transferred by this process.
Indiana generally requires the personal representative to be represented by counsel in formal probate proceedings, particularly in larger counties. Small estate affidavits can be handled without an attorney.
Yes. Revocable living trusts, joint tenancy with right of survivorship, beneficiary designations, payable-on-death accounts, and Indiana's transfer-on-death deed (IC 32-17-14) all bypass probate.
IC 29-1-7-3.1 requires prompt delivery after learning of death. No specific number of days, but unreasonable delay can subject the custodian to civil liability.
No. Indiana repealed its inheritance tax in 2013 (retroactive to January 1, 2013) and has no estate tax. Only the federal estate tax applies (2026 exemption: $15M individual / $30M married under the OBBBA).
Yes. The Indiana Transfer on Death Property Act (IC 32-17-14) authorizes TOD deeds for real estate. The deed must be recorded before the owner's death to be effective.
This page is informational, not legal advice. Probate rules, thresholds, fees, and tax exemptions change. For your specific situation, consult a licensed Indiana probate attorney.