Probate in Indiana: A Complete Guide

Indiana offers one of the more streamlined probate systems in the Midwest, with a generous $100,000 small estate threshold, unsupervised administration as the default in most cases, and no state estate or inheritance tax. This guide walks through every option, from the small estate affidavit through full supervised administration.

Does Indiana Always Require Probate?

No. Assets that pass outside of probate include those held in a revocable living trust, real estate transferred by a Transfer on Death Deed (under Indiana's Transfer on Death Property Act, Indiana Code § 32-17-14), accounts with payable-on-death or transfer-on-death designations, life insurance and retirement accounts with named beneficiaries, joint tenancy property with right of survivorship, and property held by spouses as tenants by the entirety.

Small Estate Affidavit ($100,000)

For estates with personal property of $100,000 or less, Indiana offers a Small Estate Affidavit (Indiana Code § 29-1-8-1). The threshold was raised from $50,000 to $100,000 for decedents who die after June 30, 2022, making it one of the more generous thresholds in the country. The affidavit can be used 45 days after death and is presented directly to the institution holding the asset — no formal probate is opened, and no petition for a personal representative can be pending anywhere. Real estate is not eligible for the affidavit and must be transferred separately (often via a Transfer on Death Deed, if one was recorded before death).

Supervised vs. Unsupervised Administration

• Unsupervised administration: Indiana's preferred path when the will allows it or all heirs consent. The personal representative manages the estate without seeking court approval for each step.
• Supervised administration: Required when the will demands it, when heirs request it, or when complications arise — contested wills, minor beneficiaries, or significant disputes. Every significant action requires court approval.

Most Indiana probates are unsupervised, which keeps costs lower and timelines shorter.

How to Open Probate in Indiana

1. File a Petition for Probate of Will (or Petition for Letters of Administration if there's no will) in the Circuit, Superior, or Probate Court of the county where the deceased was domiciled.
2. Attend the brief court hearing — typically scheduled 2–4 weeks after filing.
3. If approved, the court issues Letters Testamentary or Letters of Administration — your authority to act for the estate.

Creditor Claims in Indiana

Indiana requires the personal representative to publish a Notice to Creditors in a county newspaper. Creditors then have 3 months from the date of first publication to file claims against the estate (Indiana Code § 29-1-14-1) — one of the shortest windows in the country. As a backstop, all claims are barred no later than 9 months after the date of death, regardless of whether notice was published. The personal representative must allow or disallow each claim within 3 months and 15 days of first publication.

Indiana Intestacy: What If There's No Will?

If there's no will, Indiana Code § 29-1-2-1 controls the surviving spouse's share of the net estate:

• Spouse plus at least one surviving child or descendant of a child: Spouse takes 1/2; descendants share the other 1/2.
• No descendants, but a surviving parent: Spouse takes 3/4; the parent(s) take 1/4.
• No descendants and no surviving parent: Spouse takes the entire estate.

There's one notable wrinkle: if the surviving spouse is a second or later spouse who never had children with the decedent, and the decedent has children (or their descendants) from a previous relationship, that spouse's share of the real property is capped at 25% of its net value — the children take the rest of the real estate outright. The spouse's share of personal property isn't affected by this rule.

Indiana Has No State Estate or Inheritance Tax

Indiana fully repealed its inheritance tax effective January 1, 2013, and has never had a separate state estate tax. Only the federal estate tax can apply, and its exemption is currently $15 million per person for 2026 (made permanent, with future inflation adjustments, after Congress canceled the exemption's scheduled reduction). The vast majority of Indiana estates owe no estate or inheritance tax of any kind.

Spousal and Family Allowance

Indiana provides a $25,000 survivor's allowance (Indiana Code § 29-1-4-1) to the surviving spouse, paid before most creditors are satisfied and not charged against the spouse's other distributive share. If there's no surviving spouse, the decedent's children under 18 split the same $25,000 allowance. If the estate's personal property is worth less than $25,000, the difference can be taken from real estate.