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Indiana Statewide Probate Guide

Settling an estate after losing someone is difficult. This guide covers what’s consistent across all of Indiana – thresholds, deadlines, and costs. For your specific county’s Circuit or Superior Court address and local filing details, see that county’s page.

Where Probate Happens

Indiana probate is filed in the Circuit or Superior Court of the county where the deceased lived. Indiana has not adopted the Uniform Probate Code, but its probate statutes include several modern features that simplify administration, most notably unsupervised administration.

Step 1: Does The Estate Qualify For The Small Estate Affidavit?

Small Estate Affidavit (Indiana Code § 29-1-8-1)

  • The gross probate estate, minus liens, encumbrances, administration costs, and reasonable funeral expenses, must not exceed $100,000 for deaths after June 30, 2022 (this threshold was raised from $50,000 by S.E.A. 67 effective July 1, 2022).
  • No real property that needs to be transferred can be part of the estate.
  • At least 45 days must have passed since the death.
  • The affidavit is presented to whoever holds the decedent’s property – banks, employers, brokerages, or the Bureau of Motor Vehicles for vehicles.
  • Alternatively, if the estate is already in unsupervised administration, the personal representative can distribute the estate directly and file a closing statement with the court, without a separate affidavit process.

STEP 2: UNSUPERVISED VS. SUPERVISED ADMINISTRATION (for larger estates) Unsupervised Administration – Indiana’s most common probate procedure, requiring minimal court involvement. To qualify:

  • If there’s a will, it must not require supervised probate.
  • The estate must be solvent.
  • All beneficiaries (if there’s a will) or heirs (if there isn’t) must consent in writing, or the will must specifically authorize unsupervised administration.
  • The personal representative can act – including selling property – without a court order at each step (IC 29-1-7.5-3).
  • The court can revoke unsupervised status and require supervision if it finds that’s in the best interest of the estate, creditors, or heirs.

Supervised Administration – used when beneficiaries don’t agree or the will requires it; every significant action needs judicial approval.

Deadline To Open Probate

Probate must begin within 3 years of the death – missing this window can mean losing the ability to act as executor or administer the estate at all.

Creditor Claims

Claims are barred if not filed within 3 months of the first published notice to creditors (IC 29-1-14-1) – this 3-month window is the main driver of the overall timeline.

Transfer-On-Death Deeds

Indiana recognizes Transfer-on-Death deeds for real property (Ind. Code § 32-17-14-11) – a tool some families use ahead of time to keep a home out of probate.

Timeline

Small estate affidavits can be completed within days once the 45-day waiting period passes. Unsupervised administration typically takes 5-9 months. Supervised administration usually takes 9-18 months or longer. The 3-month creditor claim period sets the floor for both formal tracks.

Costs

Costs vary with the administration type and whether an attorney is involved; unsupervised administration is generally significantly less expensive than supervised administration due to reduced court involvement.

Taxes

Indiana repealed its state inheritance tax effective January 1, 2013 – there is no state-level estate or inheritance tax. Only the federal estate tax could apply, and only to very large estates – the federal exemption is over $13 million for individuals (confirm the current year’s figure, since it adjusts).

Where This Guide Fits

This page covers what’s consistent statewide. For your specific county’s Circuit or Superior Court address, phone number, and local filing details, visit that county’s page.