1 Overview — what makes Indiana probate different
Indiana probate is governed by Indiana Code (IC) Title 29. Six features set Indiana apart from every other state in this guide series.
First: Unsupervised vs supervised — not informal vs formal. Indiana doesn't use UPC terminology like "informal probate" and "formal probate." Instead, Indiana explicitly distinguishes unsupervised administration (IC 29-1-7.5) — minimal court involvement, no mandatory formal accounting, the most common path — from supervised administration — full court oversight, approval required for major actions. The terminology matters when reading Indiana court forms and local rules.
Second: The passage of title affidavit for real estate (IC 29-1-7-23). Indiana's most overlooked shortcut: a signed and recorded affidavit that establishes prima facie evidence of real estate title transfer without any probate case. Must be recorded with the County Recorder before a personal representative is appointed. No value limit on the real estate. Catches many families by surprise because most attorneys jump straight to full probate for any real estate.
Third: Attorney requirement in some counties. Indiana has no statewide rule requiring attorneys for personal representatives. But local court rules in Hamilton County (Carmel, Fishers, Noblesville — one of Indiana's fastest-growing counties) and Lake County (Gary, Hammond, East Chicago) do require attorneys. There are likely others. This is one of Indiana's most practically important features for families who discover it after filing pro se.
Fourth: Elective share varies by marriage type. A first spouse's elective share is 1/2 of the estate; a subsequent childless spouse gets only 1/3 of personal property plus 25% of real estate value. The distinction catches blended families off guard.
Fifth: $25,000 surviving spouse allowance (IC 29-1-4-1) — a priority payment to the surviving spouse before any other distribution, including creditors. Sixth: Indiana's 9-month absolute creditor bar — even if the standard 3-month publication period hasn't run, no creditor claim can be made after 9 months from death.
Indiana probate at a glance
| Topic | Indiana rule | Authority |
|---|---|---|
| Governing law | Indiana Code Title 29 — Probate Code | IC 29-1-1-1 et seq. |
| Probate court | Circuit Court or Superior Court in county of decedent's domicile (varies by county) | IC 29-1-1-3 |
| Administration tracks | Unsupervised (IC 29-1-7.5) — most common; Supervised (IC 29-1-16) — court-intensive | IC 29-1-7.5, IC 29-1-16 |
| Small estate affidavit | Gross probate estate ≤ $100,000 (net of liens); no real estate; 45-day wait; Form 54985 | IC 29-1-8-1 |
| Passage of title affidavit (real estate) | Recorded with County Recorder; creates prima facie evidence of title passage; must file BEFORE PR appointed; no value limit | IC 29-1-7-23 |
| Notice to creditors | Published 2 consecutive weeks in county newspaper; copies mailed within 1 month to known creditors | IC 29-1-7-7 |
| Creditor period | 3 months from date of first published notice; absolute bar at 9 months from death regardless | IC 29-1-14-1 |
| Inventory deadline | 60 days from appointment (unsupervised: 60 days, filed and served on heirs) | IC 29-1-12-1 |
| Surviving spouse allowance | $25,000 priority payment to surviving spouse before any other distributions or creditors | IC 29-1-4-1 |
| Elective share — first spouse (or spouse with shared children) | 1/2 of the net estate | IC 29-1-3-1 |
| Elective share — subsequent childless spouse | 1/3 of personal property + 25% of FMV of real estate (minus liens) | IC 29-1-3-1 |
| Elective share deadline | 3 months from order admitting will to probate | IC 29-1-3-3 |
| Attorney requirement | Not statewide — but Hamilton County and Lake County local rules require attorneys; confirm with local court | Local court rules |
| Transfer-on-Death deed | Available — IC 32-17-14; real estate passes outside probate | IC 32-17-14 |
| 3-year probate filing deadline | Probate proceedings must be initiated within 3 years of death | IC 29-1-7-1 |
| Filing fee | ~$177 (varies by county; Marion County has updated fee schedule) | County-specific |
| Executor compensation | Reasonable — no statutory percentage; court reviews if contested | IC 29-1-10-13 |
| IN inheritance tax | None — repealed effective January 1, 2013 | — |
| IN estate tax | None | — |
2 Unsupervised vs supervised — Indiana's two tracks
Indiana's central choice — and the most important decision in any Indiana probate — is whether the estate proceeds as unsupervised or supervised administration. These correspond roughly to what UPC states call informal and formal probate, but Indiana's requirements and mechanics are distinct.
3 Small estate affidavit — $100,000, 45-day wait
Indiana's Small Estate Affidavit under IC 29-1-8-1 allows estates with gross probate personal property of $100,000 or less to be administered through an affidavit procedure — no court case, no personal representative appointment, no creditor publication required. This threshold applies to deaths after June 30, 2022; the previous threshold was $50,000.
| Requirement | Indiana rule |
|---|---|
| Value threshold | Gross probate estate ≤ $100,000 (net of liens, encumbrances, and reasonable funeral expenses) — deaths after June 30, 2022 |
| Waiting period | 45 days after date of death (non-negotiable; filing early invalidates the affidavit) |
| Real estate | Cannot use this affidavit for real estate — see Passage of Title Affidavit (IC 29-1-7-23) instead |
| No pending PR | No petition for appointment of personal representative may be pending or granted |
| Form | Indiana Small Estate Affidavit — Form 54985 (state form) |
| Where filed | No court filing required — presented directly to institution holding the asset |
| Filing fee | $0 (no court case opened) |
| Affiant liability | Personally liable for decedent's debts up to the value of property received |
| Non-probate assets | Assets with beneficiary designations (life insurance, IRAs, POD/TOD accounts) are not counted toward the $100,000 |
4 Passage of title affidavit — real estate without a court case
Indiana's passage of title affidavit under IC 29-1-7-23 is one of Indiana's most valuable — and most underused — estate planning shortcuts. When it works, it allows real estate to transfer to heirs without any probate case, any personal representative appointment, or any court involvement. A signed affidavit is simply recorded with the County Recorder.
Passage of Title Affidavit — IC 29-1-7-23
Recorded with County Recorder · Prima facie evidence of title passage · Must file BEFORE PR is appointed
✓ When it works
✗ When it won't work
5 Surviving spouse rights — allowance, elective share, and the "second spouse" rule
Indiana provides two distinct protections for surviving spouses that every executor must understand before making any distributions.
$25,000 surviving spouse allowance (IC 29-1-4-1)
Every surviving spouse is entitled to a $25,000 allowance from the estate (IC 29-1-4-1), regardless of what the will says. This allowance has priority over virtually all other distributions and most creditor claims. It can be satisfied from any estate property, including the family home. The surviving spouse may continue to live in the home during estate administration, and if the home must be sold to pay estate debts, the $25,000 allowance is still paid from the proceeds before other creditors.
Elective share — different rules for "first" vs "subsequent" spouses
Under IC 29-1-3-1, the surviving spouse has the right to elect against the will and claim a minimum share of the estate. Indiana's elective share varies based on the marriage type — one of the most distinctive features in the state's probate code:
| Spouse type | Elective share | When it applies |
|---|---|---|
| First spouse (or any spouse with children by the decedent) | 1/2 of the net estate | Most married couples — first marriages and marriages where they have children together |
| Second or subsequent spouse — no children with decedent | 1/3 of personal property + 25% of FMV of real estate (minus liens) | Blended families; late-life remarriages where spouse has no children with decedent |
| Deadline to elect | 3 months from the date of the order admitting will to probate | Miss this deadline and the right to elect is waived permanently |
6 Creditor claims — 3-month period, 9-month absolute bar
Indiana's creditor claim structure under IC 29-1-14-1 has two distinct deadlines working in tandem:
| Creditor type | Deadline | Details |
|---|---|---|
| General creditors (published notice) | 3 months from date of first published notice | Claims must be filed with the court Clerk within 3 months of first publication. After this window, claims are permanently barred — except as noted below. |
| Known creditors (mailed notice) | 3 months from first publication | The PR must mail notice to known creditors within 1 month of first publication. If a known creditor is served within that month, they still have 3 months from first publication — not from when they received notice. |
| Absolute bar — all creditors | 9 months from date of death | No claim can be made more than 9 months after the date of death, regardless of when notice was published or whether a creditor received actual notice. This is a hard outer limit. |
| Tax claims (US, Indiana, subdivisions) | Not barred by 3-month period | Federal and state tax claims are not subject to the 3-month creditor bar — they can be asserted at any time within applicable tax limitation periods. |
| Tort claims (negligence) | Applicable statute of limitations | Claims for injury or property damage arising from the decedent's negligence are governed by the applicable tort statute of limitations — not the 3-month creditor period. |
Notice is published in a newspaper of general circulation in the county — two consecutive weekly publications. The Notice to Creditors must be filed with the court Clerk along with proof of publication within 30 days of publication.
7 Unsupervised administration — step by step
- 1
Determine which path and check attorney requirement First decision
Evaluate: does the estate qualify for the small estate affidavit (personal property ≤ $100,000, no real estate, 45-day wait)? If real estate is the primary asset, consider the passage of title affidavit (IC 29-1-7-23) — but act fast, before any PR is appointed. If full probate is needed, identify whether the county requires attorneys (Hamilton, Lake — and possibly others). Contact the Circuit or Superior Court Clerk in the county of decedent's domicile to confirm local rules, current forms, and whether the court will accept pro se filings.
- 2
File Petition for Probate; obtain Letters Initiates the estate
File a Petition for Probate of Will and Appointment of Personal Representative (testate) or Petition for Appointment of Administrator (intestate) with the Circuit or Superior Court in the county of decedent's residence. Include original will, certified death certificate, proposed PR information, and filing fee (~$177, varies by county). For unsupervised administration, include the written consents of all heirs and beneficiaries OR identify the will provision authorizing unsupervised administration. The court issues an Order and Letters Testamentary or Letters of Administration. Order 6–8 certified copies.
Petition for ProbateOriginal will + consents (for unsupervised)Certified death certificates × 3–5Filing fee: ~$177 - 3
Publish Notice to Creditors — 2 consecutive weeks Starts 3-month creditor period
Publish Notice to Creditors in a daily or weekly newspaper of general circulation in the county — two consecutive weeks (IC 29-1-7-7). The 3-month creditor period begins from the date of first publication. Within 1 month of first publication, mail a copy of the notice to all known creditors whose names weren't in the petition. File proof of publication with the court Clerk within 30 days of publication. Simultaneously mail notice to all known heirs, devisees, legatees, and known creditors.
Notice to Creditors (2-week publication)Mailed copies to known creditors within 1 monthProof of publication filed with Clerk - 4
File inventory within 60 days 60-day deadline
Within 60 days of appointment, prepare a complete inventory of all probate assets with date-of-death values and file it with the court (IC 29-1-12-1). In unsupervised estates, serve a copy on all known heirs, beneficiaries, and distributees. The inventory is the foundation for all subsequent administration — tracking what comes in, what goes out, and what remains for distribution. Get professional appraisals for real estate, business interests, collectibles, and other assets of uncertain value.
Inventory (filed with court)Served on all heirs and distributeesDeadline: 60 days from appointment - 5
Pay $25,000 spouse allowance; address elective share if applicable Priority payment
Before any distribution and after funeral expenses, pay the $25,000 surviving spouse allowance (IC 29-1-4-1). If the surviving spouse intends to elect against the will, they must file that election within 3 months of the will being admitted to probate — this deadline passes quickly. Consider whether the "second spouse" rule (1/3 personal + 25% real estate) or the "first spouse" rule (1/2) applies.
- 6
Administer estate; pay debts and taxes after creditor period
After the 3-month creditor period expires, pay all valid claims in statutory priority order. File the decedent's final Indiana income tax return (Form IT-40 if required — Indiana has no estate tax return) and federal returns. If the estate generates income, file Indiana (Form IT-41) and federal fiduciary income tax returns. Distribute remaining assets per the will or intestacy laws.
- 7
Close the estate — unsupervised closing statement No formal accounting needed
In unsupervised administration, close the estate by filing a Closing Statement with the court, certifying that: all debts are paid, all taxes filed, all assets distributed per the will or intestacy, and administration is complete. Send copies to all distributees and known unpaid creditors. No detailed line-by-line accounting to the court is required — a major efficiency advantage over supervised administration and over states like Virginia (Commissioner of Accounts) or North Carolina (annual accounts). The PR is discharged after the closing statement is accepted.
Closing Statement (filed with court)Copies to all distributeesReceipts from beneficiaries
8 Timeline & costs
| Scenario | Timeline | Key driver |
|---|---|---|
| Small estate affidavit (personal property ≤ $100K) | 45 days + weeks | 45-day wait; Form 54985 presented to institution |
| Passage of title affidavit (real estate, no PR) | Weeks | Recorded with County Recorder; no court case |
| Unsupervised administration — simple estate | 6–9 months | 3-month creditor period + 9-month absolute bar; inventory + closing |
| Unsupervised — real estate sale | 7–12 months | Property sale process + creditor period + closing |
| Marion County or Hamilton County (higher volume) | 8–14 months | Court scheduling; Hamilton requires attorney |
| Supervised administration | 9–18+ months | Court approval for each major action; formal accounting |
| Contested will or disputed appointment | 12–36+ months | Litigation; evidentiary hearings |
| Cost item | Typical amount | Notes |
|---|---|---|
| Court filing fee | ~$177 | Varies by county; Marion County updated schedule; verify locally |
| Small estate affidavit | $0 | No court case; no filing fee |
| Passage of title affidavit | Recording fee only | County Recorder fee ~$25–$50; no court filing fee |
| Creditor notice publication | ~$50–$150 | 2 weeks; varies by county newspaper |
| Surety bond | 0.5%–1% annually | May be required unless waived by will or all beneficiaries |
| IN estate/inheritance tax | $0 | Both repealed; no state death taxes for deaths after Dec. 31, 2012 |
| PR compensation | Reasonable — no statutory % | Court reviews if contested; Hamilton Co. has max fee guidelines |
| Attorney fees (unsupervised) | $1,500–$4,000 | Simple unsupervised; flat fee common in Indiana |
| Attorney fees (supervised) | $5,000–$10,000+ | More complex; contested proceedings cost more |
9 Key Indiana probate forms
Indiana probate forms vary more by county than most states — there are no standardized "JDF" or "PBIP" series statewide. Many counties use their own forms. The most standardized forms come from the Indiana state government (Form 54985 for small estates) and from county-specific form packets. Always verify you're using the current version for your county. Hamilton County in particular has detailed local forms (PR00 series). Most Indiana counties now require attorneys to e-file through the Indiana E-Filing System (IEFS); pro se litigants are encouraged but not required to do so.
Filed to admit the will and appoint a personal representative. For unsupervised administration, must include written consents of all heirs and beneficiaries (or citation to will provision authorizing unsupervised). Form format varies by county — obtain from the county clerk's office or through IEFS. Filing fee ~$177; verify with local court.
The state-standardized form for small estate proceedings under IC 29-1-8-1. Presented directly to the institution holding the asset — no court filing. Certifies gross probate estate is $100,000 or less (net of liens), 45 days have passed, no PR is pending or appointed. Affiant becomes personally liable for debts up to value received. Available from IN Dept. of Revenue and county clerks.
Records prima facie evidence of real estate title passage to distributees without a probate case. Must be signed and recorded with the County Recorder before any PR is appointed. No standardized statewide form — typically drafted by an attorney. Also recorded with County Auditor for tax purposes. Available as a transferable title option when all heirs agree and no creditor issues exist.
Issued by the Circuit or Superior Court after the petition is approved and the PR qualifies. Authorizes the personal representative to manage estate assets, access accounts, sell property, and conduct estate business. Order 6–8 certified copies; each institution requires its own. Valid until the estate closes or the court terminates the PR's authority.
Published in a newspaper of general circulation in the county — two consecutive weekly publications (IC 29-1-7-7). Copies mailed to known creditors within 1 month of first publication. Proof of publication filed with Clerk within 30 days. The 3-month creditor claims period begins from date of first publication. Absolute bar at 9 months from death regardless.
Filed with the court within 60 days of appointment. Lists all estate assets with date-of-death values. For unsupervised estates, a copy must be served on all known heirs, beneficiaries, and distributees. In supervised estates, must conform to court's specific requirements — Marion County requires three-schedule format per local rules.
Each heir and beneficiary must sign a written consent expressly agreeing to unsupervised administration — or the will must authorize it. Without unanimous written consent (and will authorization), supervised administration applies. Courts require these consents to be filed with or attached to the petition. Each individual must sign separately; no joint consents for multiple parties.
Filed to close an unsupervised estate. Certifies all debts paid, taxes filed, assets distributed per will or intestacy, administration complete. No detailed line-by-line accounting required — a significant advantage. Copies provided to all distributees and unpaid creditors. Court reviews; if no objection, PR is discharged and estate closes.
Filed by surviving spouse to elect against the will and claim the statutory minimum share: 1/2 net estate (first spouse or spouse with shared children) or 1/3 personal property + 25% real estate (second/subsequent childless spouse). Must be filed within 3 months of the order admitting the will to probate. This deadline is jurisdictional — courts rarely grant extensions.
10 Indiana probate courts — all 92 counties
Indiana has 92 counties, each with a Circuit Court or Superior Court that handles probate matters. File in the county where the decedent was domiciled at death. Red-bordered counties have local rules requiring attorneys (Hamilton and Lake confirmed; always verify). Blue-bordered counties are high volume. Call the county clerk before filing to confirm attorney requirements, current forms, and fee schedules — Indiana's local court rules vary more than most states.
Showing all 92 Indiana counties