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Home→Tools→State Estate Planning Guides→Indiana

How Does Estate Planning Work in Indiana?

Your complete Indiana estate planning overview: 2026 probate costs, will execution requirements, trust rules, and what happens if you die without a plan.

Frequently Asked Questions

Probate in Indiana uses reasonable compensation for attorney fees, typically 2-4% of the estate value. Estates under $100,000 may qualify for Small Estate Affidavit.

Simple estates in Indiana typically take 6-9 months through probate. Complex or contested estates can take 1-3 years. A revocable trust avoids probate entirely.

Indiana does not require witnesses for trust execution. Notarization is not required for validity, though many financial institutions require notarized trust documents. The creditor claim period for trusts is 9 months.

Indiana offers remote online notarization (RON) for estate planning documents and transfer-on-death deeds to pass real estate without probate. These tools, combined with revocable trusts and beneficiary designations, provide multiple ways to transfer assets without probate.

Estate Planning in Indiana

Estate planning in Indiana is shaped by remote online notarization and transfer-on-death deeds. The choice between a will and a revocable trust depends on which of those features changes the cost or process for your situation, not on any single rule.

Probate in Indiana runs attorney fees on a reasonable-compensation standard, typically 2-4% of the estate value, with room to negotiate. A simple estate typically closes in 6-9 months, and the 3-month creditor-claim window sets the floor. Estates under $100K can use Small Estate Affidavit and skip formal probate.

For a revocable trust, Indiana does not require witnesses for trust execution. Notarization isn't required for validity, though banks and title companies typically expect a notarized trust before they'll work with it. Indiana has not adopted the Uniform Trust Code; trust administration follows the state's own rules, which can affect trustee duties and beneficiary remedies.

Indiana offers transfer-on-death deeds, which move real estate to a named beneficiary at death without probate and remote online notarization for estate documents, so signing can happen over secure video. Combined with beneficiary designations on retirement accounts and payable-on-death registrations, these can move significant value outside probate without setting up a trust.

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SimplyTrust is not a law firm and does not provide legal advice, legal counsel, or attorney review. Information on this platform is for general informational purposes only. Use of SimplyTrust does not create an attorney-client relationship. You are solely responsible for all documents you create. For advice tailored to your circumstances, consult a licensed attorney in your state.

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