Indiana Estate Planning: Free Wills, Trusts & Calculators

Like all states, Indiana recognizes formally executed wills and living trusts as valid estate planning tools. A standard will here requires 2IC 29-1-5-2; IC 29-1-5-3Verified May 7, 2026 adult witnesses, and adding a notarized self-proving affidavit can streamline the probate process later.

The amount a surviving spouse inherits without a will depends on whether your parents are still alive. If they are, your spouse may have to share the estate with them—a result that surprises many people and underscores why having a will matters.

Smaller estates under $100,000IC 29-1-8-1Verified May 7, 2026 can use a simplified transfer process that avoids full probate proceedings.

Indiana does not impose a state estate tax or inheritance tax, which means estates are only subject to the federal estate tax (currently exempting the first $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Jan 2, 2026 per person, or $30,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Jan 2, 2026 for married couples using portability). This is a meaningful advantage over the states that layer their own death taxes on top of the federal system.

Indiana allows transfer-on-death deeds for real estate, enabling property to pass directly to named beneficiaries without probate. This is a significant probate avoidance tool that doesn't require creating a trust. Transferring property into a revocable trust does not trigger a property tax reassessment in Indiana, so property taxes remain at their current level.

Indiana provides a statutory homestead exemption protecting up to $22,750 in home equity from creditors. While not as strong as the constitutional protections in states like Texas or Florida, this still provides meaningful protection for the family home. Executors must publish a notice to creditors, who then have 3 monthsIC 29-1-14-1Verified May 7, 2026 to file claims against the estate. Known creditors must also receive direct written notice.

Indiana automatically revokes an ex-spouse as beneficiary on life insurance, retirement accounts, and similar designations upon divorce. However, these automatic revocations can be overridden by a divorce decree or by re-designating the ex-spouse after the divorce. Indiana does not protect inherited IRAs from creditors. Unlike the owner's own retirement accounts, inherited IRAs in Indiana are vulnerable to creditor claims, which is an important consideration when naming beneficiaries.

Indiana fully authorizes remote online notarization (RON) for estate planning documents, including wills, trusts, healthcare directives, powers of attorney. This allows the entire signing process to happen via video call from anywhere.