Probate in Indiana
Indiana probate is administered in the Circuit or Superior Court in the county where the deceased resided. Indiana follows the Uniform Probate Code and allows both supervised and unsupervised administration. Unsupervised administration is available when all heirs consent and there is no dispute, significantly reducing court involvement.
Indiana probate typically takes 5–12 months for uncontested estates. Personal representatives are entitled to reasonable compensation.
Simplified estate procedures
Indiana allows a small estate affidavit procedure for collecting personal property valued at $50,000 or less — no court involvement required, available 45 days after death. The affidavit can be presented to banks and other financial institutions to transfer assets directly to heirs.
Indiana also has a "summary administration" procedure for very small estates. Real property generally requires a court order or trust to transfer at death.
Death certificates
Indiana death certificates are issued by the Indiana State Department of Health (ISDH) Vital Records division and by county health departments. At $8 per certified copy, Indiana has one of the lowest death certificate fees in the country. Order online through ISDH or VitalChek.
Even at this low cost, request at least 10–12 copies when the funeral home files the certificate. Financial institutions, insurance companies, and government agencies each require original certified copies, and reordering takes time.
Estate and inheritance tax
- State estate tax: Indiana repealed its inheritance tax effective January 1, 2013. There is no state estate tax or inheritance tax.
The federal estate tax applies only to estates above $13.61 million (2024 threshold).
Notable rules
- Creditor claim period: 3 months from the date of first publication of notice to creditors.
- Transfer on death deed: Indiana allows transfer on death deeds for real estate, enabling property to pass directly to named beneficiaries at death without probate.
- Unsupervised administration: Indiana's unsupervised administration track significantly reduces court oversight and speeds estate settlement when all heirs are in agreement.
- Spousal allowances: Indiana provides a surviving spouse with homestead and personal property allowances from the estate, and a right to an elective share.
Key contacts
- ISDH vital records: in.gov/isdh/vital-records
- Indiana Courts probate information: in.gov/courts
- Indiana State Bar lawyer referral: inbar.org