Estate settlement · IN
Probate in Indiana.
The basics most families need to know. Not legal advice — see the official sources at the bottom of this page, or call a Indiana estate attorney for the specifics of your situation.
Estates under $100,000
Indiana's Small Estate Affidavit (IC 29-1-8) covers estates of $100,000 or less — raised from $50,000 in 2022. Wait 45 days after death. The successor presents the affidavit directly to whoever holds the asset, no probate court required.
6–12 months for full probate
Indiana offers informal/unsupervised probate, which is typically faster and less expensive when the will is clean and the heirs aren't in dispute.
Indiana does not require an attorney for probate, though most families with non-trivial estates use one. Average legal fees: $1,500–$5,000.
What makes Indiana different.
- Indiana has no state estate tax (repealed 2013) and no inheritance tax (phased out by 2022).
- Indiana has 'unsupervised administration' as the default for most estates — the executor handles things with minimal court oversight when the will allows it.
- Transfer-on-death deeds are recognized for real estate.
- Indiana's small-estate threshold of $100,000 is among the most generous in the country.
What the executor will file.
- Petition for Probate (with or without will)Opens probate.
- Small Estate AffidavitPersonal and real property up to $100,000.
- Inventory and AppraisementFiled within 60 days of letters being issued.
For the actual current rules.
State rules and thresholds change. These links go to the Indiana courts and bar association — the source of truth for current forms, fees, and procedures.
We have probate guides for the 10 most populous states. Pick another:
This page is general consumer guidance, not legal advice. For complex estates, contested wills, or jurisdiction-specific questions, talk to a licensed Indiana estate attorney.
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