When Is Probate Required in Indiana?

Real estate in Indiana generally requires probate to transfer ownership unless it was held in a trust, owned jointly with right of survivorship, or had a transfer-on-death deed recorded (if available in the state). A revocable living trust outlines alternatives to probate for real estate.

In Indiana, assets that typically avoid probate include: property in a living trust, accounts with named beneficiaries (retirement accounts, life insurance, POD bank accounts), jointly owned property with right of survivorship, and vehicles with transfer-on-death registration if available. The trust vs. will comparison outlines how a trust helps bypass probate.

In Indiana, simple estates typically take 6-9 months. Average estates take 9-15 months. Complex estates with disputes or unusual assets can take 15-30 months or longer.IC 29-1-8-1 (small estate), IC 29-1-7-7 (publication), IC 29-1-10-13 (fees), IC 29-1-11-1 (bond), IC 29-1-14-1 (creditor claims), IC 29-1-7.5-1/29-1-7.5-3 (unsupervised admin), IC 33-37-4-7 (court fees)Verified Apr 14, 2026 Estimate total costs with the Indiana probate calculator.

Probate costs in Indiana typically include attorney fees, executor fees, court filing fees, and publication costs. Total costs generally range from 3-8% of the estate value depending on complexity. Use the Indiana probate cost calculator for a detailed estimate.

The most common ways to avoid probate in Indiana include creating a revocable living trust, adding beneficiary designations to accounts, titling property as joint tenants with right of survivorship, and using transfer-on-death deeds where available. The trust vs. will comparison compares the two approaches side by side.