Indiana Probate Cost: A Flat Statewide Filing Fee
Indiana charges one flat statutory filing fee to open a decedent’s estate, identical in all 92 counties and unaffected by the size of the estate. The rest of the cost is compensation the court allows, publication, copies, and any professional help.
Opening a decedent’s estate in Indiana costs a flat $177 statewide. That total is a $120 probate costs fee under Ind. Code § 33-37-4-7(a) plus $57 of statutory add-on fees: document storage $5, automated record keeping $20, public defense administration $5, judicial insurance adjustment $1, judicial salaries $20, court administration $5, and pro bono legal services $1. If a party asks the sheriff to serve process, the $28 fee under Ind. Code § 33-37-5-15 brings the filing total to $205. Every component is a fixed statewide amount, so the fee is the same in all 92 counties and does not rise with the value of the estate.
Indiana charges no probate tax, no estate-value-graduated court cost, no state estate tax, and no inheritance tax for a death after December 31, 2012. It also sets no statutory percentage for compensation: under Ind. Code § 29-1-10-13 the court allows the personal representative and the estate attorney what it deems just and reasonable, and compensation fixed by the will controls unless the personal representative renounces it in writing before qualifying. Small estates cost less still, because the Ind. Code § 29-1-8-1 affidavit is presented to the bank or other asset holder rather than filed with a court.
Quick Summary
- Filing fee
- $177Flat statewide; $205 with sheriff service
- Small estate affidavit
- $0Estate $100,000 or less, no court filing
- PR and attorney pay
- Court-setJust and reasonable (Ind. Code § 29-1-10-13)
- Estate / Inheritance Tax
- $0Indiana has none
Indiana probate is filed with the clerk of the circuit court, or of a superior court exercising probate jurisdiction, in the county where the person was domiciled at death. St. Joseph County has the state’s only separate Probate Court. Because every fee component is fixed by statute, the $177 filing total is identical in all 92 counties. What does differ locally is the per-page copy fee a county ordinance may set below $1, newspaper publication prices, and each court’s local rules about forms and whether counsel is expected. Confirm the current total with the county clerk before filing.
Typical Total Cost Ranges
Estimate your county’s exact feesProbate Cost by Procedure
Swipe sideways to see the full table.
| Procedure | Estate Size | Court Fee | Timeline | Attorney? | Best For |
|---|---|---|---|---|---|
| Small Estate Affidavit | Gross probate estate wherever located, less liens, encumbrances, and reasonable funeral expenses, of $100,000 or less for a death after June 30, 2022 (Ind. Code § 29-1-8-1). Personal property only. | $0, because nothing is filed with a court | 45 days after the death, then the affidavit goes to the asset holder (5 days for a vehicle or watercraft title at the BMV) | No statewide requirement | Estates of personal property within the date-of-death limit, with no Indiana real estate to transfer |
| Summary Administration | Gross probate estate, less liens and encumbrances, no greater than the same date-of-death band plus the costs and expenses of administration plus reasonable funeral expenses (Ind. Code § 29-1-8-3) | $177 to obtain letters; no court costs fee for the closing statement (Ind. Code § 33-37-4-7(c)(4)) | Weeks rather than months, because notice to creditors is skipped | No statewide requirement; many courts expect counsel | A small estate that includes Indiana real estate, or whose debts are known and can be paid in full |
| Unsupervised Administration | No dollar cap. Available under Ind. Code § 29-1-7.5 when the estate is solvent and either the will authorizes it or all the heirs consent. | $177 statewide, or $205 with the sheriff’s service of process fee | Commonly several months to a year, including the three-month creditor window after first publication | No statewide requirement; most estates use counsel | Solvent estates that want full authority with less court involvement in routine acts |
| Supervised Administration | No dollar cap. The default when unsupervised administration is not authorized and the heirs do not consent. | $177 statewide, or $205 with the sheriff’s service of process fee | Commonly a year or longer, with a verified inventory due within two months of appointment and court review of major steps | No statewide requirement, but many county courts expect counsel by local rule | Larger, insolvent, or contested estates that need close court oversight of the personal representative |
Additional Costs to Expect
Personal Representative and Attorney Compensation
Ind. Code § 29-1-10-13 gives Indiana no percentage formula. If the will fixes the personal representative’s compensation, that provision is the full compensation unless the personal representative files a written renunciation with the court before qualifying. Otherwise the court allows what it deems just and reasonable for the services performed, and an attorney who serves the estate at the personal representative’s request is paid out of the estate on the same standard. The court may allow extra compensation for services the personal representative performs as attorney and for work not required of a personal representative. Either one may apply during administration for an interim allowance rather than waiting for final settlement. Some county courts publish local fee guidelines, so ask the court before assuming an amount.
Statutory Add-On Fees Inside the Filing Total
The $120 probate costs fee is only part of what the clerk collects. Ind. Code § 33-37-4-7(b) adds document storage $5 (§ 33-37-5-20), automated record keeping $20 (§ 33-37-5-21), public defense administration $5 (§ 33-37-5-21.2), judicial insurance adjustment $1 (§ 33-37-5-25), judicial salaries $20 (§ 33-37-5-26), court administration $5 (§ 33-37-5-27), and pro bono legal services $1 (§ 33-37-5-31). Each is a fixed statewide amount, which is why the total never varies by county.
Sheriff’s Service of Process
Ind. Code § 33-37-5-15 adds a $28 service of process fee when a party asks the sheriff to serve, which raises the filing total to $205. Estates that serve notice by mail and publication do not pay it.
Publication and Notice to Creditors
Notice of administration is published in a county newspaper once each week for two consecutive weeks, and creditors then have three months from first publication to file claims. The newspaper sets its own charge, so this cost depends on the county and the publication rather than the fee statutes. Summary administration skips the publication, and the out-of-court affidavit requires none.
Certified Copies and Certification
The clerk charges $1 per legal- or letter-size page to prepare a copy or transcript of a record (Ind. Code § 33-37-5-1), and a county ordinance may set a lower per-page schedule but never a higher one. Certification adds a $3 document fee for each certificate under seal (Ind. Code § 33-37-5-3). Certified copies of letters are the per-page charge plus that certification fee. Certified copies of an Indiana death certificate come from the Indiana Department of Health or the local health department, at $8 for the first copy and $4 for each additional copy in the same order, not from the probate court.
Fiduciary Bond Premium
A personal representative may have to post a bond unless the will excuses it, the statute does not require it, or the court waives it. In an unsupervised administration a bond is generally not required. When one is required, the premium depends on the bond amount and the surety, and it is set outside the fee statutes.
Recording With the County Recorder
Recording a personal representative’s deed, or the affidavit that documents a real property transfer in a summary administration under Ind. Code § 29-1-8-3(c), carries the county recorder’s charges. Those come from the recording statutes rather than the probate fee schedule, so confirm the amount with the recorder.
State Estate and Inheritance Tax
Indiana imposes no probate tax on the value of an estate, no state estate tax, and no inheritance tax for a death after December 31, 2012. The inheritance tax chapters were repealed by P.L.205-2013, and no court costs fee is collected for filing an inheritance tax return in the legacy cases that remain. Federal estate tax can still reach very large estates.
Appraisal, Tax Preparation, and Professional Fees
Real estate, business interests, vehicles, or unusual personal property may need valuation for the verified inventory, and final individual and fiduciary income tax filings may need professional help. Because Indiana court costs are flat, an appraisal changes what the estate spends but never changes the filing fee.
One more cost source to check: if the person who died received Medicaid long-term care benefits, the state may file a recovery claim against the estate. The Indiana Medicaid estate recovery guide explains when that applies.