Indiana Probate Types: Small Estate Affidavit vs Supervised and Unsupervised Estates
Indiana probate runs through the circuit or superior court with probate jurisdiction in the county where the person lived. The first question is whether the estate can avoid a court case entirely with a small estate affidavit, and if not, whether the administration is supervised by the court or handled without ongoing supervision.
Compare eligibility, timing, court involvement, and local verification points
How to Compare Indiana Probate Types
Indiana does not use the informal and formal tracks of the Uniform Probate Code. Instead the estate either stays out of court on a sworn affidavit, or a personal representative is appointed and the estate is administered with or without court supervision. With a will the court issues letters testamentary to the named personal representative. Without one it appoints an administrator. A will generally has to be offered for probate within three years of the death (Ind. Code § 29-1-7-15.1(g)).
The dollar test comes first. Ind. Code § 29-1-8-1 lets a distributee collect personal property by affidavit, 45 days after the death, when the gross probate estate less liens, encumbrances, and reasonable funeral expenses is within the limit for the date of death, which is $100,000 for a death after June 30, 2022. Above that limit, or when Indiana real estate is involved, the estate opens. Court costs are the same either way: a flat $177 statewide, because Indiana charges no estate-value graduation and no probate tax.
Small Estate Affidavit vs Supervised and Unsupervised Estates at a Glance
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| Category | Small Estate Affidavit | Supervised and Unsupervised Estates | Winner |
|---|---|---|---|
| Small probate estate | The § 29-1-8-1 affidavit collects personal property with no court case at all, 45 days after the death | Administration opens a case, issues letters, and publishes notice to creditors | Small Estate Affidavit |
| Estate size | Capped at the date-of-death band, $100,000 for a death after June 30, 2022 | No dollar cap on supervised or unsupervised administration | Small Estate Affidavit |
| Real estate | The affidavit reaches personal property only, though summary administration can close a small estate that holds real estate | Administration transfers Indiana real estate, with court approval of a sale in a supervised estate | Supervised and Unsupervised Estates |
| Court costs | The affidavit costs nothing, and no court costs fee is collected for a § 29-1-8-4 closing statement | A flat $177 statewide filing total, or $205 with the sheriff’s service of process fee | Small Estate Affidavit |
| Disputes and creditors | The affidavit gives no creditor cutoff and no court record, so it suits clean, undisputed estates | Published notice starts the three-month creditor bar, and supervised administration adds court review of major steps | Supervised and Unsupervised Estates |
Main Indiana Probate Options
| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney | Best For |
|---|---|---|---|---|---|---|
Small Estate Affidavit Ind. Code § 29-1-8-1 | Gross probate estate wherever located, less liens, encumbrances, and reasonable funeral expenses, of $100,000 or less for a death after June 30, 2022 ($50,000 from July 1, 2006 through June 30, 2022; $25,000 before that). No personal representative may be pending or appointed. | $0 | 45 days after the death (5 days for a motor vehicle or watercraft title at the BMV) | No, personal property only | No | Estates of personal property within the date-of-death limit, with no Indiana real estate to transfer |
Summary Administration Ind. Code §§ 29-1-8-3, 29-1-8-4 | 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 | $177 to open the estate; 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 | Yes, and an affidavit with the legal description and each share may be recorded with the county recorder | 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 Ind. Code § 29-1-7.5 | No dollar cap. Available when the estate is solvent, the personal representative is qualified, and either all heirs, devisees, and legatees consent or the will authorizes unsupervised administration without requesting supervision. | $177 statewide ($205 with the sheriff’s service of process fee) | Commonly several months to a year, including the three-month creditor window after first publication | Yes | No statewide requirement; most estates use counsel | Solvent estates where the will authorizes it or the heirs agree, wanting full authority with less court involvement |
Supervised Administration Ind. Code Title 29 (Ind. Code § 29-1-7-15.1 and following) | No dollar cap. The default when unsupervised administration is not authorized or the heirs do not consent. | $177 statewide ($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 | Yes | No statewide requirement, but many county courts expect counsel by local rule | Larger, insolvent, or contested estates, and any estate that needs close court oversight of the personal representative |
Small Estate Affidavit
Ind. Code § 29-1-8-1
Estates of personal property within the date-of-death limit, with no Indiana real estate to transfer
Threshold: Gross probate estate wherever located, less liens, encumbrances, and reasonable funeral expenses, of $100,000 or less for a death after June 30, 2022 ($50,000 from July 1, 2006 through June 30, 2022; $25,000 before that). No personal representative may be pending or appointed.
Filing Fee: $0
Timeline: 45 days after the death (5 days for a motor vehicle or watercraft title at the BMV)
Real Estate: No, personal property only
Attorney: No
Summary Administration
Ind. Code §§ 29-1-8-3, 29-1-8-4
A small estate that includes Indiana real estate, or whose debts are known and can be paid in full
Threshold: 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
Filing Fee: $177 to open the estate; no court costs fee for the closing statement (Ind. Code § 33-37-4-7(c)(4))
Timeline: Weeks rather than months, because notice to creditors is skipped
Real Estate: Yes, and an affidavit with the legal description and each share may be recorded with the county recorder
Attorney: No statewide requirement; many courts expect counsel
Unsupervised Administration
Ind. Code § 29-1-7.5
Solvent estates where the will authorizes it or the heirs agree, wanting full authority with less court involvement
Threshold: No dollar cap. Available when the estate is solvent, the personal representative is qualified, and either all heirs, devisees, and legatees consent or the will authorizes unsupervised administration without requesting supervision.
Filing Fee: $177 statewide ($205 with the sheriff’s service of process fee)
Timeline: Commonly several months to a year, including the three-month creditor window after first publication
Real Estate: Yes
Attorney: No statewide requirement; most estates use counsel
Supervised Administration
Ind. Code Title 29 (Ind. Code § 29-1-7-15.1 and following)
Larger, insolvent, or contested estates, and any estate that needs close court oversight of the personal representative
Threshold: No dollar cap. The default when unsupervised administration is not authorized or the heirs do not consent.
Filing Fee: $177 statewide ($205 with the sheriff’s service of process fee)
Timeline: Commonly a year or longer, with a verified inventory due within two months of appointment and court review of major steps
Real Estate: Yes
Attorney: No statewide requirement, but many county courts expect counsel by local rule
* Indiana probate cases carry a flat, statewide statutory filing fee: a $120 probate costs fee under Ind. Code § 33-37-4-7(a) plus $57 of statutory add-on fees, for a $177 total, or $205 when the sheriff’s service of process fee is requested. The amount is identical in all 92 counties and does not scale with the size of the estate. The small estate affidavit involves no court filing at all, and no court costs fee is collected for a closing statement filed under Ind. Code § 29-1-8-4. Personal representative and attorney compensation are set by the court as just and reasonable under Ind. Code § 29-1-10-13, not by a percentage schedule.
Unfamiliar terms in the comparison? The Indiana probate glossary defines them in plain language.
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