Indiana Probate Information
Quick facts
| Topic | Indiana rule |
|---|---|
| Where to file | File in the Indiana county where the decedent was domiciled at death. If the decedent was not domiciled in Indiana, file in a county where the decedent left property or where estate property later came (IC 29-1-7-1). |
| Which court hears estates | Indiana circuit courts and superior courts have original and concurrent civil jurisdiction, including probate matters, and the one St. Joseph Probate Court has the same civil jurisdiction. Which court hears estates in a county is set by local court rules and practice (IC 33-28-1-2, IC 33-29-1-1.5, IC 33-29-1.5-2, IC 33-31-1-9). |
| Filing counter | The Clerk of the Circuit Court serves every court in the county, including superior courts and the St. Joseph Probate Court, so there is one county clerk counter regardless of the assigned court (IC 33-32-2-1). |
| Small estate affidavit | For a death after June 30, 2022, a gross probate estate of $100,000 or less, less liens, encumbrances and reasonable funeral expenses, can use the small estate affidavit after 45 days with no court filing (IC 29-1-8-1). |
| Vehicle or watercraft | A motor vehicle or watercraft can be transferred after 5 days if the estate meets the same $100,000 small estate test for a death after June 30, 2022 and no personal representative appointment is contemplated (IC 29-1-8-1). |
| Standard court costs | A petition for probate of will and issuance of letters, or a petition for letters of general administration, carries the $120 probate costs fee plus statutory add-ons, $177 total (IC 33-37-4-7, IC 33-37-5). The total is $205 if the clerk collects the $28 sheriff service fee (IC 33-37-5-15). |
| Fee-exempt probate filings | A clerk may not collect a court costs fee for a petition to open a safety deposit box, offering a will for probate with nothing else, or filing an IC 29-1-8-4 closing statement (IC 33-37-4-7). |
| Creditor deadline | Claims are forever barred unless filed within three months after first published notice, or within nine months after death, whichever is earlier (IC 29-1-14-1, IC 29-1-7-7). |
| E-filing | Attorneys file through the Indiana E-Filing System. Unrepresented litigants are encouraged, but not required, to use it. Public access terminals are available in county clerk offices (Ind. Trial Rule 87). |
| Case search | Search Indiana estate cases on MyCase. Estate case types appear as EU, ES or EM. |
| Taxes | Indiana repealed its inheritance tax for deaths after December 31, 2012, and Indiana has no state estate tax (IC 6-4.1-1-0.5). The federal estate tax basic exclusion amount is $15 million for deaths in 2026. |
Before you begin — know the assets and liabilities
Before choosing a probate path, list the accounts, real estate, vehicles, debts, beneficiary designations and jointly owned property. Indiana's small estate test looks at the gross probate estate, less liens, encumbrances and reasonable funeral expenses, so the first estate settlement decision is often an asset-discovery decision.
Sunset searches across 2,300 institutions to help families find accounts and assets before they file. Indiana also gives families a date-of-death-value affidavit: a bank, insurer, transfer agent or similar holder must provide the value within three business days, with damages for refusal, when the affidavit is used to decide whether the estate can use summary procedures (IC 29-1-8-1.5).
Which court handles probate
Indiana has 92 counties and 92 probate jurisdictions. There are no independent cities. Venue for probate of a will and administration of an estate is the Indiana county where the decedent was domiciled at death; if the decedent was not domiciled in Indiana, venue is any Indiana county where the decedent left property or where estate property later came (IC 29-1-7-1).
Indiana probate is handled by the ordinary trial courts. Circuit courts, standard superior courts, nonstandard superior courts and the one St. Joseph Probate Court have original and concurrent civil jurisdiction, not an exclusive estate forum (IC 33-28-1-2, IC 33-29-1-1.5, IC 33-29-1.5-2, IC 33-31-1-9). Which court actually hears estates in a county is set by that county's local rules and operating practice. The filing counter is simpler: the Clerk of the Circuit Court serves every court in the county (IC 33-32-2-1).
The probate of a will and the administration of the estate are one proceeding for jurisdiction, and the proceeding extends to the decedent's Indiana property once filed in the proper county (IC 29-1-7-1, IC 29-1-7-2).
The probate process
- Work out whether an estate has to be opened. For a death after June 30, 2022, if the gross probate estate, less liens, encumbrances and reasonable funeral expenses, is $100,000 or less, the small estate affidavit can move assets after 45 days with no court filing (IC 29-1-8-1). A vehicle or watercraft can move after 5 days if the same value test is met and no personal representative appointment is contemplated (IC 29-1-8-1).
- Find the will and confirm the county. Venue is the Indiana county where the person was domiciled at death, or for a non-Indiana domiciliary, a county where Indiana property is located or later came (IC 29-1-7-1). The custodian of a will must deliver it to the court on written demand of the personal representative or on court order (IC 29-1-7-3).
- Decide whether to ask for unsupervised administration or supervised administration. The court may grant unsupervised administration if the estate is solvent, the personal representative is qualified, and either the will authorizes unsupervised administration or the required heirs or beneficiaries consent and understand the significance of proceeding without supervision (IC 29-1-7.5-2).
- File the petition with the Clerk of the Circuit Court in the proper county. The clerk serves every court in the county, so there is one county clerk counter regardless of which court hears the estate (IC 33-32-2-1). Attorneys file through the Indiana E-Filing System; unrepresented litigants are encouraged, but not required, to use it and may use a public access terminal in the clerk's office (Ind. Trial Rule 87).
- Pay the court costs that apply to the filing. A petition for probate of will and issuance of letters, or a petition for letters of general administration, carries the $120 probate costs fee plus statutory add-ons, $177 total (IC 33-37-4-7, IC 33-37-5). If sheriff service is collected, the total is $205 because the sheriff service fee is $28 (IC 33-37-5-15). Offering a will for probate with nothing else carries no court costs fee (IC 33-37-4-7).
- If a will is e-filed, file the Trial Rule 87(E) affidavit and keep the original safe. A user filing a copy of a will for probate must file an affidavit under penalties of perjury and retain the original will until the estate is closed and the personal representative is released from liability, or the time to contest the will has expired, whichever is later (Ind. Trial Rule 87).
- Receive letters. Indiana issues letters testamentary when a probated will names an executor, or letters of general administration when there is no will or no executor. Letters attested by the clerk and under the court's seal are conclusive evidence of the personal representative's authority until superseded or revoked (IC 29-1-10-1, IC 29-1-10-4). A nonresident personal representative files a written acceptance and appoints an Indiana resident agent, with bond that the court may waive in an unsupervised estate (IC 29-1-10-1).
- Publish and serve notice. Notice of administration must be published once each week for two consecutive weeks in a newspaper of general circulation in the county where the court is located, and proof of publication must be filed with the clerk within 30 days (IC 29-1-7-7). Serve heirs, devisees, legatees and known creditors named in the petition, and within one month after first publication serve other known or reasonably ascertainable creditors, including Medicaid estate recovery when the decedent was at least 55 at death for a death on or after June 30, 2018 (IC 29-1-7-7).
- Prepare the inventory within two months after appointment. The inventory states fair market value and known liens for the statutory categories of estate property (IC 29-1-12-1, IC 29-1-7.5-3.2). In an unsupervised estate, the court may not require the inventory to be filed, but a distributee who asks must receive a copy (IC 29-1-7.5-3.2). A county local rule may add a local filing requirement.
- Handle claims. A creditor files a succinct definite statement with the clerk of the court where letters were issued, not a separate lawsuit (IC 29-1-14-2). Claims are forever barred unless filed within three months after first published notice or within nine months after death, whichever is earlier (IC 29-1-14-1, IC 29-1-7-7). Recorded liens and negligence claims against a deceased tort feasor are treated separately (IC 29-1-14-1).
- Pay allowances, debts and taxes and deal with real property. A surviving spouse is entitled to a $25,000 allowance from the estate, with a 90-day election if claiming it against personal property, real property or both (IC 29-1-4-1). If Indiana real property must be sold to pay debts that are not recorded liens, or to pay administration costs, the petition must be filed within five months after death and letters must issue within seven months (IC 29-1-7-15.1). Indiana has no inheritance tax for deaths after December 31, 2012 and no state estate tax (IC 6-4.1-1-0.5).
- Close the estate. In an unsupervised estate, the personal representative files a verified closing statement no earlier than three months after first published notice; if no proceeding involving the personal representative is pending three months after that filing, the appointment terminates and the estate closes by operation of law (IC 29-1-7.5-4). A summary-procedures estate closes under IC 29-1-8-4 with a two-month repose and no court costs fee (IC 33-37-4-7). A supervised estate ends through court-approved final settlement.
Types of probate
| Path | When it fits | Court involvement | Cost | Authority |
|---|---|---|---|---|
| Small estate affidavit | For a death after June 30, 2022, the gross probate estate, less liens, encumbrances and reasonable funeral expenses, is $100,000 or less, and 45 days have passed. | None. The affidavit is presented to the bank, insurer, transfer agent or other holder and is not filed with a court. | No court costs because nothing is filed. | IC 29-1-8-1, IC 29-1-8-2 |
| Vehicle or watercraft title transfer | The estate meets the same $100,000 test for a death after June 30, 2022, 5 days have passed, and no personal representative appointment is contemplated. | None in court. The Bureau of Motor Vehicles transfers title on the required affidavit. | Bureau of Motor Vehicles charges only. | IC 29-1-8-1 |
| Summary procedures with closing statement | The gross probate estate, less liens and encumbrances, is not more than $100,000 for a death after June 30, 2022, plus administration costs and reasonable funeral expenses. | A fiduciary is appointed, distributes without notice to creditors, and files a verified closing statement. If real property is included, an affidavit may be recorded with the county recorder. | No court costs fee for filing an IC 29-1-8-4 closing statement (IC 33-37-4-7). | IC 29-1-8-3, IC 29-1-8-4 |
| Unsupervised administration | No dollar ceiling. The court may grant it if the estate is solvent, the personal representative is qualified, and either the will authorizes unsupervised administration or the required heirs or beneficiaries consent and understand the significance of proceeding without supervision. | The court grants the petition and letters issue. After that, the personal representative acts without court approval of individual acts and closes with a verified closing statement. | $120 probate costs fee plus statutory add-ons, $177 total (IC 33-37-4-7, IC 33-37-5). The total is $205 if the $28 sheriff service fee is collected (IC 33-37-5-15). | IC 29-1-7.5-2, IC 29-1-7.5-3, IC 29-1-7.5-4 |
| Supervised administration | No dollar ceiling. Used when the estate cannot proceed unsupervised, when the will requests supervision, when consent or solvency is missing, or when the court revokes unsupervised administration. | The court approves significant acts, sales, fees, accounts and final settlement. | $120 probate costs fee plus statutory add-ons, $177 total (IC 33-37-4-7, IC 33-37-5). The total is $205 if the $28 sheriff service fee is collected (IC 33-37-5-15). | IC 29-1 generally, IC 29-1-12-1 |
| Offering a will for probate only | The family needs the will admitted to probate but does not need letters or an administration. | The court admits the will. If a copy is e-filed, Trial Rule 87(E) requires the original-will affidavit and retention of the original. | No court costs fee unless proceedings beyond admitting the will become necessary (IC 33-37-4-7). | IC 29-1-7, IC 33-37-4-7, Ind. Trial Rule 87 |
Executor duties
Executor duties in Indiana
| Duty | Indiana rule | Authority |
|---|---|---|
| Use the correct authority document | A personal representative acts under letters testamentary or letters of general administration. Letters attested by the clerk and under the court seal are conclusive evidence of authority until superseded or revoked. | IC 29-1-10-1, IC 29-1-10-4 |
| Publish and serve notice | After letters issue, notice of administration is published once each week for two consecutive weeks. The personal representative also serves heirs, devisees, legatees and creditors required by statute, including Medicaid estate recovery when the decedent was at least 55 at death for a death on or after June 30, 2018. | IC 29-1-7-7 |
| Prepare the inventory | Prepare a verified inventory within two months after appointment, showing fair market value and known liens. In an unsupervised estate, the court may not require the inventory to be filed, but a distributee who asks must receive a copy. | IC 29-1-12-1, IC 29-1-7.5-3.2 |
| Handle creditor claims | Claims are filed with the clerk where letters were issued. Claims are forever barred unless filed within three months after first published notice or within nine months after death, whichever is earlier. | IC 29-1-14-1, IC 29-1-14-2, IC 29-1-7-7 |
| Account to distributees | In an unsupervised estate, distributees are entitled to notice that the personal representative may act without first consulting them and may close with a statement rather than court approval. The closing statement must be sent to distributees, with a full written account to affected distributees unless waived. | IC 29-1-7.5-1.5, IC 29-1-7.5-4 |
| Protect time-sensitive real estate sales | If Indiana real property must be sold to pay debts that are not recorded liens or to pay administration costs, the petition must be filed within five months after death and letters must issue within seven months. | IC 29-1-7-15.1 |
| Close the estate | An unsupervised estate closes by verified closing statement and, if no proceeding involving the personal representative is pending three months later, by operation of law. A summary-procedures estate has a two-month closing-statement repose. A supervised estate closes through court-approved final settlement. | IC 29-1-7.5-4, IC 29-1-8-4 |
Forms and documents
Probate forms in Indiana
Indiana has no statewide court-approved probate form set for opening an estate. The Indiana Judicial Branch Self-Service Legal Center has general self-representation guidance, but no probate section. Petitions for letters, notices, closing statements and other estate documents are drafted for the case, and county local probate rules may add local forms or required appendices.
The one statewide estate form is CCA-EM-0722-5000, the Indiana Legal Help affidavit for transfer of assets without administration. It is for the small estate affidavit route under IC 29-1-8-1 and IC 29-1-8-2. For a death after June 30, 2022, it applies when the gross probate estate, less liens, encumbrances and reasonable funeral expenses, is $100,000 or less and 45 days have passed (IC 29-1-8-1).
That affidavit is not filed with a court. Indiana Legal Help states that it is submitted to the entity or business holding the property, such as a bank. For an estate that opens in court, check the county page and that county's local probate rules for any required local information sheet, caption form, restricted-account language or other county document.
Fees
| Charge or exemption | Amount | Rule |
|---|---|---|
| Probate costs fee | $120 | Collected for an action filed under IC 29 or IC 30, except the listed exempt actions (IC 33-37-4-7). |
| Statutory add-ons | $57 | The IC 33-37-5 add-ons include document storage, automated record keeping, public defense administration, judicial insurance adjustment, judicial salaries, pro bono services and court administration fees (IC 33-37-4-7, IC 33-37-5). |
| Total probate court costs | $177 | The Indiana Trial Court Fee Manual lists the $120 probate costs fee plus the statutory add-ons as $177 total (IC 33-37-4-7, IC 33-37-5). |
| Sheriff service | $28 | If the office collects sheriff service of process, the total becomes $205. The $28 service fee is collected under IC 33-37-5-15. |
| Offering a will for probate only | No court costs fee stated by statute | A clerk may not collect a court costs fee for offering a will for probate under IC 29-1-7 unless proceedings beyond admitting the will become necessary (IC 33-37-4-7). |
| Small estate affidavit | No court costs | The affidavit under IC 29-1-8-1 is presented to the holder and is not filed in court. |
| IC 29-1-8-4 closing statement | No court costs fee stated by statute | A clerk may not collect a court costs fee for filing a closing statement for an estate described in IC 29-1-8-4 (IC 33-37-4-7). |
| Copy and certification charges | Local | Each clerk keeps a table of fees; county copy and certification charges are local charges, not the statewide $177 court costs total (IC 33-32-2-7, IC 33-37-4-7). |
Timeline
- Immediately after death, locate the will and identify probate assets, nonprobate assets, debts and real property. A will custodian must deliver the will to the court on written demand of the personal representative or on court order (IC 29-1-7-3).
- At 5 days after death, a motor vehicle or watercraft may be transferred if the estate meets the $100,000 small estate test for a death after June 30, 2022 and no personal representative appointment is contemplated (IC 29-1-8-1).
- At 45 days after death, the small estate affidavit can be presented to a holder if the gross probate estate, less liens, encumbrances and reasonable funeral expenses, is $100,000 or less for a death after June 30, 2022 (IC 29-1-8-1).
- Within 3 business days after a compliant date-of-death-value affidavit is presented, a bank, insurer, transfer agent or similar holder must provide the requested value and known-beneficiary information (IC 29-1-8-1.5).
- Within 5 months after death, file a petition for administration if Indiana real property must be sold to pay a debt that is not a recorded lien or to pay administration costs (IC 29-1-7-15.1).
- Within 7 months after death, letters must issue for that real-property sale authority to be preserved (IC 29-1-7-15.1).
- As soon as letters issue, publish notice of administration once each week for two consecutive weeks and serve the required parties (IC 29-1-7-7).
- Within 30 days after publication, file proof of publication with the clerk (IC 29-1-7-7).
- Within 1 month after first publication, serve any other known or reasonably ascertainable unpaid creditor, including Medicaid estate recovery when the decedent was at least 55 at death for a death on or after June 30, 2018 (IC 29-1-7-7).
- Within 2 months after appointment, prepare the verified inventory (IC 29-1-12-1, IC 29-1-7.5-3.2).
- Within 3 months after first published notice, creditors must file claims, subject to the nine-month outer limit after death, or claims are forever barred (IC 29-1-14-1, IC 29-1-7-7).
- Within 90 days after the order commencing administration, a surviving spouse or eligible minor children may elect how to claim the $25,000 survivor's allowance against personal property, real property or both (IC 29-1-4-1).
- Within 3 months after the order admitting a will to probate, a surviving spouse must elect to take against the will, subject to the statutory litigation extension (IC 29-1-3-2, IC 29-1-3-3).
- No earlier than 3 months after first published notice, an unsupervised estate may file its closing statement, and if no proceeding involving the personal representative is pending 3 months later, the estate closes by operation of law (IC 29-1-7.5-4).
- Within 2 months after an IC 29-1-8-4 summary-procedures closing statement, the fiduciary's duties terminate if no action, claim, objection or proceeding involving the fiduciary is filed (IC 29-1-8-4).
State-specific considerations
California uses statewide Judicial Council forms (the DE-series). The same forms apply in all 58 counties, although counties may add local cover sheets. Los Angeles requires LASC PRO 010.
| Consideration | Indiana detail |
|---|---|
| Which court varies by county | Indiana circuit courts, standard superior courts, nonstandard superior courts and the one St. Joseph Probate Court have original and concurrent civil jurisdiction (IC 33-28-1-2, IC 33-29-1-1.5, IC 33-29-1.5-2, IC 33-31-1-9). Which court hears estates is a county local-rule question, while the Clerk of the Circuit Court is the filing officer for every court in that county (IC 33-32-2-1). |
| One actual probate court | Indiana has exactly one court established as a probate court: the St. Joseph Probate Court (IC 33-31-1-1). St. Joseph County's own caseload allocation plan says estate case types may continue to be filed in any of its courts consistent with local practice. |
| Local probate rules matter | County local probate rules are numbered with the county code and rule family, and probate rules use PR00. Those rules may control local inventory filing, bond defaults, attorney requirements, local forms and fee guidelines. Check the county's current local rules before filing. |
| Two time zones affect e-filing | Indiana counties sit in both Eastern and Central time, so confirm the local time zone of the court where the case is filed before a deadline day (Ind. Trial Rule 87). E-filing must be completed before midnight to be considered filed that day, and deadline compliance is measured by the time zone where the court is located (Ind. Trial Rule 87). |
| Original will retention | When a will is e-filed, Trial Rule 87(E) requires an affidavit and requires the filer to retain the original will until the estate is closed and the personal representative is released from liability, or the time to contest the will has expired, whichever is later (Ind. Trial Rule 87). |
| MyCase includes estates | Indiana's public case search includes public estate cases. Search by decedent name and look for EU, ES or EM case types. |
Small-estate alternatives
Indiana's small estate rules sit in IC 29-1-8, titled dispensing with administration. The main route is the small estate affidavit. For a decedent who dies after June 30, 2022, it applies when the value of the gross probate estate, wherever located, less liens, encumbrances and reasonable funeral expenses, is $100,000 or less (IC 29-1-8-1).
| Small estate route | Wait | How it works | Authority |
|---|---|---|---|
| Small estate affidavit | 45 days after death | The distributee presents the affidavit to the bank, insurer, transfer agent or other holder. The holder shall pay or deliver the property if the affidavit complies with the statute. | IC 29-1-8-1, IC 29-1-8-2 |
| Vehicle or watercraft | 5 days after death | If the same $100,000 test for a death after June 30, 2022 is met and no personal representative appointment is contemplated, title can be transferred through the Bureau of Motor Vehicles. | IC 29-1-8-1 |
| Date-of-death-value affidavit | 3 business days after presentation | A holder must disclose the value and known beneficiaries so the family can decide whether the estate qualifies for summary procedures. Refusal can create liability to the estate, including three times actual damages. | IC 29-1-8-1.5 |
| Summary procedures with a fiduciary | No statutory waiting period stated | A fiduciary distributes without notice to creditors and files a closing statement. If real property is included, an affidavit may be recorded with the county recorder. | IC 29-1-8-3, IC 29-1-8-4 |
Recent updates
| Change | Effective date | Authority |
|---|---|---|
| Indiana Trial Rule 87 governs statewide electronic filing. Attorneys file through the Indiana E-Filing System, and unrepresented litigants are encouraged but not required to use it. | August 1, 2026 | Ind. Trial Rule 87 |
| Trial Rule 87(E) adds a probate-specific rule for e-filing a will: file a complete copy, file the required affidavit and retain the original will until the estate is closed and the personal representative is released from liability, or the contest period has expired, whichever is later. | August 1, 2026 | Ind. Trial Rule 87 |
| The small estate ceiling is $100,000 of gross probate estate, less liens, encumbrances and reasonable funeral expenses, for a decedent who dies after June 30, 2022. | Deaths after June 30, 2022 | IC 29-1-8-1, IC 29-1-8-3 |
| The federal estate tax basic exclusion amount is $15 million per individual. | 2026 deaths | IRS estate tax filing threshold table |
| The Indiana Department of Revenue has retired inheritance tax forms and states that no Indiana inheritance tax returns should be prepared or filed. The tax has not applied to a death after December 31, 2012. | Deaths after December 31, 2012 | IC 6-4.1-1-0.5 |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely path in Indiana | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Property owned with survivorship rights is not part of the probate estate. Sole-name accounts may use the small estate affidavit if the whole gross probate estate, less liens, encumbrances and reasonable funeral expenses, is $100,000 or less for a death after June 30, 2022 (IC 29-1-8-1). The spouse also has a $25,000 survivor's allowance from the estate, with the election timing and property choice in IC 29-1-4-1, and may have a three-month election against a will (IC 29-1-3-2). | Sunset finds sole-name accounts and beneficiary-designated assets so the spouse can see whether a court estate is needed and keep estate settlement focused. |
| Out-of-state adult child with small estate | If the estate meets the $100,000 test for a death after June 30, 2022, the affidavit goes to the holder after 45 days and is not filed with a court (IC 29-1-8-1). If an estate must open, a nonresident can serve alone by filing a written acceptance, appointing an Indiana resident agent and posting bond unless the court waives it in an unsupervised estate (IC 29-1-10-1). Attorneys file electronically, and unrepresented litigants may use the IEFS or the clerk's public access terminal (Ind. Trial Rule 87). | Sunset assembles the asset list and probate packet from a distance, then helps the family find a local probate attorney when resident-agent, bond or local-rule questions make counsel useful. |
| Parent settling predeceased child's estate, home must be sold | If real property must be sold to pay debts that are not recorded liens or to pay administration costs, the petition must be filed within five months after death and letters must issue within seven months (IC 29-1-7-15.1). If the estate is small enough for summary procedures, real property can move by an affidavit recorded with the county recorder (IC 29-1-8-3). A parent inherits under intestacy where the child left no spouse and no issue (IC 29-1-2-1). | Sunset helps identify accounts, debts and title issues early so the family does not miss the real-property timing window and can choose the right estate settlement path. |
Self-help resources
| Resource | What it provides | Link |
|---|---|---|
| Indiana Judicial Branch county court pages | Each county page links to the county's current local rules, contact information, case search and e-filing resources. | https://www.in.gov/courts/local/ |
| Indiana Legal Help, estate topic | Coalition for Court Access estate resources, including the small estate affidavit CCA-EM-0722-5000 and probate FAQs. | https://indianalegalhelp.org/legal-topic-category/estate-2/ |
| MyCase | Statewide public case search. Estate cases appear as EU, ES or EM. | https://public.courts.in.gov/mycase/ |
| Indiana e-filing | Indiana E-Filing System information, certified provider list, user guides and implementation schedule. | https://www.in.gov/courts/efiling/ |
| Indiana Court Rules | Official rules host for Trial Rules 86, 87 and 88 and Interim Administrative Rule 14. | https://rules.incourts.gov/ |
| Indiana local court rules index | Current and proposed local rules for all 92 counties, including PR00 probate rule families where a county has them. | https://www.in.gov/courts/publications/local-rules/ |
| Indiana Trial Court Fee Manual | Office of Court Services manual current through the 2026 legislative session. Section 11 lists probate court costs. | https://www.in.gov/courts/iocs/files/courtmgmt-pubs-trial-court-fee-manual.pdf |
| Indiana Free Legal Answers | Free confidential answers to civil legal questions from volunteer Indiana attorneys. | https://indiana.freelegalanswers.org/ |
| Indiana Judicial Branch Self-Service Legal Center | General self-representation guidance. It has no probate section. | https://www.in.gov/courts/selfservice/ |
| Indiana Legal Services | Statewide civil legal aid for eligible low-income Hoosiers, subject to its intake and eligibility rules. | https://www.indianalegalservices.org/locations/ |
| Indiana Department of Revenue inheritance tax information | The Department's statement that Indiana inheritance tax is repealed, no returns should be prepared or filed, and the forms were retired. | https://www.in.gov/dor/tax-forms/individual/inheritance-tax-information/ |
When to hire an attorney
Counsel makes sense when the estate is insolvent, heirs or beneficiaries do not all consent to unsupervised administration, a will is challenged, creditor claims are disputed, real estate must be sold inside the five-month and seven-month windows, a spouse is deciding whether to elect against a will, the personal representative lives outside Indiana, Medicaid estate recovery must be noticed, or a county's local probate rules restrict a fiduciary from proceeding without counsel. Sunset connects families to a vetted probate attorney.
How Sunset helps in Indiana
Find the accounts and assets. Sunset searches across 2,300 institutions to help families locate accounts before they decide whether an Indiana estate must be opened. That matters because Indiana's $100,000 small estate test for deaths after June 30, 2022 turns on the gross probate estate, less liens, encumbrances and reasonable funeral expenses (IC 29-1-8-1). Indiana also lets a family use a date-of-death-value affidavit to require a holder to respond within three business days (IC 29-1-8-1.5).
Generate the probate packet. Sunset turns the asset and family information into an Indiana-focused probate packet, including the route choice between small estate affidavit, summary procedures, unsupervised administration and supervised administration. The packet is built around Indiana terms like personal representative, letters testamentary, letters of general administration and closing statement.
Find a local probate attorney. Indiana's statewide rules are only part of estate settlement. County local probate rules may affect inventory filing, bond, local forms and whether a personal representative can proceed without counsel. Sunset helps families identify when a local probate attorney is the practical next step.
Sunset is free for families. Sunset is free for families because the service is supported by partners, not by charging grieving families to get organized. Sunset helps families move from uncertainty to a clear estate settlement plan.
Frequently asked questions
Which court handles probate in Indiana?
Indiana circuit courts, standard superior courts, nonstandard superior courts and the one St. Joseph Probate Court have original and concurrent civil jurisdiction (IC 33-28-1-2, IC 33-29-1-1.5, IC 33-29-1.5-2, IC 33-31-1-9). Which court hears estates in a county is set by that county's local rules and operating practice. The Clerk of the Circuit Court serves every court in the county (IC 33-32-2-1).
Do I have to go through probate in Indiana?
Not always. For a death after June 30, 2022, a gross probate estate of $100,000 or less, less liens, encumbrances and reasonable funeral expenses, can use the small estate affidavit after 45 days with no court filing (IC 29-1-8-1). Summary procedures with a closing statement can also handle a small estate when a fiduciary is appointed (IC 29-1-8-3, IC 29-1-8-4).
How much does probate cost in Indiana?
A petition for probate of will and issuance of letters, or a petition for letters of general administration, carries the $120 probate costs fee plus statutory add-ons, $177 total (IC 33-37-4-7, IC 33-37-5). The total is $205 if the clerk collects the $28 sheriff service fee (IC 33-37-5-15). Offering a will for probate with nothing else and filing an IC 29-1-8-4 closing statement carry no court costs fee under IC 33-37-4-7.
How long do creditors have to make a claim against an Indiana estate?
A claim must be filed within three months after first published notice or within nine months after death, whichever is earlier, or it is forever barred (IC 29-1-14-1, IC 29-1-7-7). The statute preserves recorded liens and negligence claims against a deceased tort feasor in the ways stated in IC 29-1-14-1.
What is the difference between supervised and unsupervised administration in Indiana?
In an unsupervised estate, the personal representative acts without court approval of individual acts and closes with a verified closing statement (IC 29-1-7.5-3, IC 29-1-7.5-4). The court may grant that route if the estate is solvent, the personal representative is qualified, and either the will authorizes unsupervised administration or the required heirs or beneficiaries consent and understand the significance of proceeding without supervision (IC 29-1-7.5-2). Supervised administration keeps the court involved in approvals and final settlement.
Do I have to file an inventory with the Indiana court?
The statewide duty is to prepare a verified inventory within two months after the personal representative is appointed (IC 29-1-12-1, IC 29-1-7.5-3.2). In an unsupervised estate, the court may not require the inventory to be filed, but a distributee who asks must receive a copy (IC 29-1-7.5-3.2). County local probate rules may add local filing requirements.
Does Indiana have an inheritance tax or estate tax?
No for current deaths. Indiana's inheritance tax does not apply to property transferred by a decedent whose death occurs after December 31, 2012 (IC 6-4.1-1-0.5), and Indiana has no state estate tax. The federal estate tax basic exclusion amount is $15 million for deaths in 2026.
Can I look up an Indiana estate case online?
Yes. Search MyCase at mycase.in.gov or public.courts.in.gov/mycase. Public estate cases appear with case types EU, ES or EM. MyCase is not the official court record, so official records come from the court maintaining the case.
Do I have to e-file a probate case in Indiana?
Attorneys file through the Indiana E-Filing System. Unrepresented litigants are encouraged, but not required, to use the IEFS and can use a public access terminal in the county clerk's office (Ind. Trial Rule 87). When a will is e-filed, Trial Rule 87(E) requires the copy-and-original affidavit and retention of the original will.
Are there statewide Indiana probate forms?
No statewide court-approved probate form set exists for opening an estate. The one statewide estate form is Indiana Legal Help's small estate affidavit, CCA-EM-0722-5000, and it is presented to the bank or other holder rather than filed with a court. Local probate forms, if any, come from the county.
What does a surviving spouse get in Indiana?
A surviving spouse is entitled to a $25,000 allowance from the estate, and that allowance is not charged against the spouse's distributive share (IC 29-1-4-1). A spouse also has an intestate share if there is no will (IC 29-1-2-1) and may elect to take against a will within three months after the order admitting the will to probate, subject to the statutory litigation extension (IC 29-1-3-1, IC 29-1-3-2).
Can someone who lives out of state serve as personal representative in Indiana?
Yes. A nonresident can serve alone by filing a written acceptance, appointing an Indiana resident agent for service, notices and other documents, and posting bond unless the court waives or adjusts it in an unsupervised estate (IC 29-1-10-1).
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Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.