How Does Estate Planning Work in Indiana?
Probate on a $500,000 estate in Indiana costs an estimated $24,871IC 29-1-10-13 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source and takes 6 months to 9 months for a simple estate, with attorney fees of typically 1.8%Modeled estimate under IC 29-1-10-13 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.8%Modeled estimate under IC 29-1-10-13 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate. Estates under $100,000IC 29-1-8-1Verified Sep 8, 2026View source can use a small-estate procedure instead.
A simple estate in Indiana typically takes 6 months to 9 months through probate, and an average estate 9 months to 15 months; a contested one runs longer. The creditor claim period of 3 monthsIC 29-1-14-1Verified Sep 8, 2026View source is the floor. A funded revocable trust avoids probate entirely.
Indiana has not adopted the Uniform Trust CodeInd. Code 30-4-1-1 et seq.Verified Oct 17, 2026View source and does not require witnesses for trust executionInd. Code 30-4-1-1 et seq.Verified Oct 17, 2026View source. Notarization is not required for validityInd. Code 30-4-1-1 et seq.Verified Oct 17, 2026View source, though many financial institutions require notarized trust documents. Indiana has no separate trust creditor-notice step — the settlor's debts stay subject to the general claims and limitations period (up to 9 monthsIC 30-4 contains no trustee creditor-notice or claims-bar provision (Article 4 read end to end 2026-10-17: "notice to creditors" 0 hits). IC 30-4-6-14 addresses only contests of trust validity. Creditor claims against a deceased settlor run through the probate estate under IC 29-1-14-1: barred unless filed within 3 months of first published notice to creditors, and "All claims barrable under subsection (a) shall be barred if not filed within nine (9) months after the death of the decedent" (IC 29-1-14-1(a),(d)). Assets of a revocable trust are a "nonprobate transfer" (IC 32-17-13-1(a): a transferor who "had the power, acting alone, to prevent transfer of the property by revocation"), liable to the probate estate for allowed claims (IC 32-17-13-2(c)); the proceeding "must be commenced not later than nine (9) months after the deceased transferor's death" (IC 32-17-13-8(b)) and is brought by the personal representative or a claimant, not the trustee.Verified Oct 17, 2026View source), which the trustee settles before distributing.
A healthcare power of attorney in Indiana requires 2 witnesses or notarizationIC § 16-36-7-30 (sample forms; not mandatory)Verified Oct 15, 2026View source to be valid. A financial power of attorney requires 2 witnesses or notarizationIC 30-5-2-2, IC 30-5-2-6, IC 30-5-3-2, IC 30-5-3-3, IC 30-5-3-6, IC 30-5-4-1, IC 30-5-4-1.3, IC 30-5-4-1.5, IC 30-5-4-1.7, IC 30-5-4-2, IC 30-5-5-14.5, IC 30-5-6-1, IC 30-5-8-2, IC 30-5-8-7, IC 30-5-8-8, IC 30-5-9-9, IC 30-5-10-3, IC 30-5-11-4, IC 30-5-11-4.5Verified Sep 18, 2026View source. A financial power of attorney is durable by default, so it stays in effect if you become incapacitatedIC 30-5-2-2, IC 30-5-2-6, IC 30-5-3-2, IC 30-5-3-3, IC 30-5-3-6, IC 30-5-4-1, IC 30-5-4-1.3, IC 30-5-4-1.5, IC 30-5-4-1.7, IC 30-5-4-2, IC 30-5-5-14.5, IC 30-5-6-1, IC 30-5-8-2, IC 30-5-8-7, IC 30-5-8-8, IC 30-5-9-9, IC 30-5-10-3, IC 30-5-11-4, IC 30-5-11-4.5Verified Sep 18, 2026View source.
In Indiana, the executor files an inventory of the estate's assets within 60 daysIC 29-1-12-1, IC 29-1-7.5-3.2Verified Sep 15, 2026View source of appointment. A revocable trust skips the court-supervised inventory, so a trustee distributes without filing one.
In Indiana, divorce automatically revokes a beneficiary designation that names a former spouseIC 29-1-5-8; IC 30-4-2-15; IC 32-17-14-23; IC 32-17-14-2(c); IC 32-17-14-2.5Verified Sep 15, 2026View source on the covered accounts, so the asset does not pass to the ex-spouse unless the designation is renewed after the divorce.
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New Baby or Adoption
Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.
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Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
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New Home
How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
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Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
Learn moreForms for Planning and Settling an Estate in Indiana
Free Indiana forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Affidavit of Death
In Indiana, a surviving joint owner records the “Affidavit concerning the death of a party named in an instrument affecting real propertyIC 36-2-11-19(a)(1)Verified Oct 26, 2026View source”; a transfer on death deed beneficiary records the “Affidavit filed by the transfer on death deed beneficiary on the death of the ownerIC 32-17-14-26(b)(20)Verified Oct 26, 2026View source”.
IRS Form 56
Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Notice to Creditors
In Indiana, the notice to creditors is published for 2IC 29-1-14-1, 29-1-7-7, 29-1-14-9, 29-1-14-10Verified Oct 18, 2026View source weeks in a local newspaper, and creditors have 3 monthsIC 29-1-14-1Verified Sep 8, 2026View source from first publication to present claims.
Renunciation of Executor
In Indiana, a person named as personal representative may renounce the right to serveInd. Code § 29-1-10-2Verified Sep 23, 2026View source before anyone is appointed.
Affidavit of Heirship
In Indiana, heirs put their identity on the land records with an affidavit of heirship recorded with the countyIC 29-1-7-23; IC 29-1-8-1(c); IC 29-1-6-6Verified Sep 24, 2026View source; once recorded it is prima facie evidence of the facts stated.
Small Estate Affidavit
In Indiana, the Small Estate AffidavitIC 29-1-8-1Verified Sep 8, 2026View source covers estates valued at $100,000IC 29-1-8-1Verified Sep 8, 2026View source or less, 45 daysIC 29-1-8-1Verified Sep 8, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Indiana, the personal representative files the estate inventory within 60 daysIC 29-1-12-1, IC 29-1-7.5-3.2Verified Sep 15, 2026View source of appointment.
Tools for Planning and Settling an Estate in Indiana
Free calculators and checklists for planning or settling an estate in Indiana: will and trust costs, probate, executor pay, and inheritance taxes.
How Much Are Estate & Inheritance Taxes?
Indiana levies no estate or inheritance taxNo state estate, inheritance, or generation skipping tax. HEA 1001 (2013) (P.L.205-2013) repealed all three, eff. Jan. 1, 2013 (inheritance tax repeal applies to deaths after Dec. 31, 2012) — IC 6-4.1-12-0.5; IC 6-4.1-11 (estate tax) and IC 6-4.1-11.5 (GST) repealed; Ind. DOR Departmental Notice #44 (Sept. 2023)Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Indiana imposes no inheritance or estate taxNo state estate, inheritance, or generation skipping tax. HEA 1001 (2013) (P.L.205-2013) repealed all three, eff. Jan. 1, 2013 (inheritance tax repeal applies to deaths after Dec. 31, 2012) — IC 6-4.1-12-0.5; IC 6-4.1-11 (estate tax) and IC 6-4.1-11.5 (GST) repealed; Ind. DOR Departmental Notice #44 (Sept. 2023)Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Indiana take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular ratesIN DOR Departmental Notice #1 (R46 / 01-26) — state AGI rate, eff. Jan. 1, 2026 (IC 6-3-2-1)Verified Sep 15, 2026View source.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Do I Have to Withdraw From an Inherited IRA This Year?
The required minimum distribution on an inherited IRA, Roth IRA, or 401(k), from the prior year-end balance and the life expectancy table.
How Much Does Probate Cost?
Probate on a $500,000 estate in Indiana costs an estimated $24,871IC 29-1-10-13 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 1.8%Modeled estimate under IC 29-1-10-13 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.8%Modeled estimate under IC 29-1-10-13 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
Who Inherits Without a Will?
Without a will in Indiana, a surviving spouse takes half of the estateIC § 29-1-2-1Verified Oct 21, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita with representationIC § 29-1-2-1(d)(1)Verified Oct 21, 2026View source.
How Many Death Certificates Do I Need?
In Indiana, certified death certificates come from the Indiana Department of Health - Division of Vital RecordsIndiana Department of Health - Division of Vital RecordsVerified Oct 15, 2026View source; the first copy costs $8Indiana Department of Health - Division of Vital RecordsVerified Oct 15, 2026View source, additional copies $4Indiana Department of Health - Division of Vital RecordsVerified Oct 15, 2026View source each.
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Indiana Estate Planning Resources
In-depth guides covering Indiana probate laws, trust requirements, and estate planning strategies.