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Indiana Probate Guide
Pillar GuideIndiana11 min read

Indiana Probate Guide

Indiana probate guide covering the circuit or superior court, unsupervised administration, the $100,000 small estate affidavit, and creditor deadlines.

By Settled Editorial

Indiana probate opens in the circuit or superior court with probate jurisdiction for the county where the person lived at death. Indiana has no register of wills and no statewide probate court. In 91 of the state's 92 counties, the circuit court or a superior court hears the estate; St. Joseph County runs Indiana's only standalone Probate Court (IC 33-31-1).

Treat this Indiana probate guide as a planning map, not a filing packet. Each county court sets its own local rules, cover sheets, and appointment practices, and the clerk of the circuit court accepts the probate filings. Start with the Indiana county probate directory, then check the packet with the clerk in the right county before you sign anything.

This Indiana probate guide also flags the moments a checklist cannot carry. Disputes among heirs, insolvent estates, unclear titles, and real estate sales can call for a lawyer before anyone qualifies or distributes.

Where Indiana Probate Starts

Venue comes first. File in the county where the decedent was domiciled at death. If the person lived out of state but left property in Indiana, file in a county where that property sits. (Source: IC 29-1-7-1.) That second filing runs alongside the estate opened in the person's home state, and the Indiana ancillary probate guide covers it.

The named executor, or an heir when there is no will, petitions the court for probate and appointment (IC 29-1-7-5). The court issues letters testamentary when a will names the personal representative, or letters of administration when there is none. Those letters are the proof of authority. Banks, brokerages, title companies, and the BMV ask for them before they release or retitle anything.

For related Indiana pages, keep these nearby:

Supervised Versus Unsupervised Administration

Indiana splits full administration into two tracks under Title 29 of the Indiana Code. The difference is how much the court watches, not who serves.

Supervised Administration

In supervised administration the court stays involved step by step. The personal representative files the inventory, seeks court approval for real estate sales and other major moves, and presents a final account before distributing. Courts use this track when the will asks for it, when the interested people will not consent to the alternative, or when a judge decides oversight protects the estate. The Indiana executor duties guide walks through the role that runs under either track.

Unsupervised Administration

Unsupervised administration lets the personal representative act without routine court approvals. A court may grant it through either of two doors. Door one: every heir (or every devisee and legatee under a will) joins the petition, each consents freely and understands what unsupervised means, the estate is solvent, the personal representative is qualified, and the will does not request supervision. Door two: the will itself authorizes unsupervised administration, the estate is solvent, and the personal representative is qualified. (Source: IC 29-1-7.5-2.)

The court keeps a safety valve. On its own motion or an interested person's, it can revoke the unsupervised order and pull the estate back under supervision when that serves the estate, the creditors, or the heirs (IC 29-1-7.5-2). An unsupervised estate closes with a verified closing statement filed no earlier than three months after the first published notice to creditors (IC 29-1-7.5-4).

Small Estate and Summary Paths

Not every Indiana estate needs letters at all. Two smaller paths turn on one number: $100,000.

Small Estate by Affidavit

A distributee can collect personal property with an affidavit when the gross probate estate, wherever located, less liens, encumbrances, and reasonable funeral expenses, does not exceed $100,000 for a death after June 30, 2022. Forty-five days must have passed since the death, and no personal representative can be pending or appointed anywhere. The affidavit goes straight to the bank or other holder of the property, not to the court. A vehicle or watercraft title can move through the BMV after only five days when no appointment is contemplated. (Source: IC 29-1-8-1.) The Indiana small estate affidavit guide walks through this path step by step.

Summary Distribution and Closing Statement

When an estate is already open and its value, less liens and encumbrances, does not exceed $100,000 plus administration costs and reasonable funeral expenses, the fiduciary may skip notice to creditors, distribute to the people entitled, and close by filing a verified closing statement. If the estate includes real property, an affidavit with the legal description can be recorded with the county recorder. (Source: IC 29-1-8-3; IC 29-1-8-4.)

Two family protections sit alongside these paths. A surviving spouse, or the minor children when there is no spouse, can claim a $25,000 survivor's allowance against the estate's personal property, its real property, or both (IC 29-1-4-1). And when there is no will, Indiana intestate succession sets who inherits and in what shares.

What Passes Outside Probate

Much Indiana property never touches the estate file. Joint accounts and real estate held with survivorship rights pass to the survivor. Payable-on-death and transfer-on-death designations move bank accounts, securities, and vehicles to the named beneficiary. Life insurance and retirement accounts payable to a living beneficiary skip probate too.

Indiana also offers the transfer on death deed for real estate under the Transfer on Death Property Act. The owner signs and records the deed with the county recorder before death, keeps full control while alive, and the property passes to the named beneficiary at death. Record it early: a transfer on death deed is void if it is not recorded before the owner dies, and it needs no consideration and no delivery to the beneficiary. (Source: IC 32-17-14-11.) See how to avoid probate in Indiana for the full set of tools.

Documents to Gather Before Filing

The court, the banks, and the beneficiaries ask overlapping questions, so build one document stack first.

Gather or locate:

  • Certified Indiana death certificates for banks, title work, and court filings
  • The original will and any codicils, if found
  • Names, ages, and addresses for heirs and any named executor
  • A list of bank accounts, vehicles, personal property, business interests, and real estate
  • Deeds, parcel numbers, and mortgage statements for real estate
  • Vehicle titles and registrations
  • Recent bills, creditor letters, funeral invoices, and tax notices
  • Beneficiary designations, payable-on-death records, survivorship titles, recorded transfer on death deeds, and trust papers

The Indiana death certificate guide can help plan certified copies before the first court visit.

Timeline Signals to Track

Every estate moves at its own pace, but Indiana law fixes a few dates. Confirm each with the county court for the estate in front of you.

TaskTiming signal
Order certified death certificatesSoon after death, for banks, title work, and court filings
Present the will for probateWithin three years of death, with narrow exceptions (IC 29-1-7-15.1)
Prepare the verified inventoryWithin two months after appointment, unless the court allows longer (IC 29-1-12-1)
Publish notice of administrationOnce a week for two consecutive weeks after letters issue (IC 29-1-7-7)
Creditor claim barThree months after the first published notice; all barrable claims end nine months after death (IC 29-1-14-1)
Will contest windowThree months after the order admitting the will (IC 29-1-7-17)
Small estate affidavitWait at least 45 days after death, with the estate at $100,000 or less (IC 29-1-8-1)

One real estate wrinkle deserves its own line. An executor or administrator cannot sell Indiana real estate to pay unsecured debts or administration costs unless the petition for administration was filed within five months of death and letters issued within seven months (IC 29-1-7-15.1). If the estate may need to sell land to raise cash, open it promptly. The Indiana probate timeline walks through these dates in more detail.

Costs and Taxes

Indiana court costs are refreshingly flat. The clerk collects a $120 probate costs fee plus statutory add-on fees, a statewide total of $177 to open a decedent's estate, the same in every county and at every estate size. No fee applies for offering a will for probate alone or for filing a small estate closing statement. (Source: IC 33-37-4-7.) Publication charges and any attorney or personal representative compensation come on top, and the court allows compensation it finds just and reasonable rather than a set percentage.

On taxes, one reassurance. Indiana's inheritance tax does not apply to anyone dying after December 31, 2012 (Source: IC 6-4.1-1-0.5), and Indiana imposes no state estate tax (Source: Indiana Department of Revenue, Departmental Notice #44). Final individual income tax returns still come due, and only very large estates face the federal estate tax.

When to Get Legal Help

Some Indiana estates run cleanly on court forms and clerk instructions, and the guide to Indiana probate without a lawyer covers what that path asks of you. Others need a lawyer before anyone qualifies, sells property, pays a claim, or distributes money.

Consider talking with an Indiana probate attorney when:

  • Heirs or devisees disagree about the will, the assets, or who should serve
  • The estate may be insolvent, so the order of paying debts matters
  • Real estate must be sold, and the five-month filing window is in play
  • The decedent owned property in more than one state, which can mean a second proceeding
  • A business interest, lawsuit, tax question, or Medicaid estate recovery issue is present
  • A surviving spouse is weighing the elective share or the $25,000 allowance
  • The asset picture is too unclear to swear out a small estate affidavit

This Indiana probate guide can organize the task list and the right county. A lawyer advises on rights, disputes, and signing decisions.

A Practical Filing Sequence

Use this sequence as a planning checklist:

  1. Locate the original will, certified death certificates, account records, deeds, titles, and creditor notices.
  2. Confirm the county where the decedent lived at death and its circuit, superior, or (in St. Joseph County) Probate Court.
  3. Decide whether the estate fits the $100,000 affidavit path, summary distribution, or full administration.
  4. Petition for probate and letters testamentary or letters of administration if administration applies.
  5. Ask about unsupervised administration, and line up the consents or will authorization it needs.
  6. Publish and serve the notice of administration, then track the three-month claim bar and the nine-month outer bar.
  7. File the inventory, keep receipts and distribution records together, and close by final account or verified closing statement.

Start with the Indiana county probate directory and the Indiana probate court directory to line up the local packet, the deadlines, and the source notes in one place.

Verify every date and dollar figure here with the clerk of the circuit court before you act, because this is a planning map, not legal advice.

This guide is general information about Indiana estates. It is not legal advice. Confirm anything that affects your situation with the circuit or superior court in your county or a licensed Indiana attorney.

Sources:

It is not legal advice.

Information current as of July 18, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Indiana can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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