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.
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.
Small Estate Affidavit (Indiana Code § 29-1-8-1)
STEP 2: UNSUPERVISED VS. SUPERVISED ADMINISTRATION (for larger estates) Unsupervised Administration – Indiana’s most common probate procedure, requiring minimal court involvement. To qualify:
Supervised Administration – used when beneficiaries don’t agree or the will requires it; every significant action needs judicial approval.
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.
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.
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.
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 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.
Indiana repealed its state inheritance tax effective January 1, 2013 – there is no state-level estate or inheritance tax.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).
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.