Probate in Indiana

Overview

Indiana's probate system is influenced by the Uniform Probate Code but is not a full UPC adoption. The state offers both supervised and unsupervised administration, with unsupervised being the more common and efficient option. Indiana probate matters are handled by the Circuit Court or, in some counties, a dedicated Superior Court probate division. The state does not impose a state estate or inheritance tax.

Key Facts

• Governing Law: Indiana Code, Title 29 (Probate Code)
• Court: Circuit Court or Superior Court
• Small Estate Threshold: $100,000
• Typical Timeline: 6 to 12 months for standard estates; complex estates can take 1–2 years
• Follows UPC: No

What Makes Indiana Unique

• Unsupervised Administration — Indiana's unsupervised administration allows personal representatives to manage the estate without court approval for routine matters, including selling property, paying debts, and distributing assets. This significantly speeds up the process and reduces costs.
• No State Estate or Inheritance Tax — Indiana eliminated its inheritance tax in 2013. The state does not impose any state-level estate tax or inheritance tax, simplifying estate administration and reducing the tax burden on beneficiaries.
• Small Estate Affidavit ($100,000) — Estates valued at $100,000 or less (increased from $50,000 effective July 2022) can be administered through a small estate affidavit, available 45 days after death, without opening a formal probate case.
• Transfer-on-Death Property Act — Indiana allows transfer-on-death deeds for real property, enabling property owners to designate beneficiaries who will receive the property at death without probate.
• Wrongful Death Claims — Indiana has specific probate provisions for wrongful death claims, with the personal representative filing the action on behalf of the estate. Recoveries are distributed to dependents according to statutory provisions.

Probate Process Steps

1. File petition for probate with the Circuit Court or Superior Court in the county where the decedent resided
2. Court admits the will and appoints personal representative
3. Request unsupervised administration (if appropriate) or proceed with supervised administration
4. Publish notice of administration in a newspaper of general circulation
5. Notify known creditors and interested parties
6. Inventory and appraise all estate assets
7. Allow creditor claims period (3 months from date of first published notice)
8. Pay valid debts, taxes, and administration expenses
9. File final accounting with the court (supervised) or distribute assets directly (unsupervised)
10. File closing statement and close the estate

Costs & Fees

Fee Structure: Indiana does not have a statutory fee schedule for attorney fees in probate. Fees are based on reasonable compensation, typically charged hourly or as flat fees. Personal representatives are entitled to reasonable compensation for their services, subject to court approval in supervised administration. In unsupervised administration, fees are agreed upon between the personal representative and the estate.

Typical Attorney Fees: Hourly rates typically $175–$350/hour; flat fees of $2,000–$5,000 for simple estates

Non-Lawyer Fees: $300 – $1,500 including court filing fees ($150–$250), publication costs ($75–$200), certified copies, and recording fees

Indiana's unsupervised administration reduces legal costs by minimizing court involvement. The absence of state estate or inheritance taxes simplifies administration and reduces costs. Bond may be waived if the will directs it or if unsupervised administration is granted.

Frequently Asked Questions