How Does Step-Up in Basis Work in Indiana?

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 someone dies, the cost basis of the property they leave is reset to its fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source under IRC § 1014. A later sale is taxed on the gain above that stepped-up basis, not above what the original owner paid, so the appreciation of the owner's lifetime is never taxed. The rule is federal and applies in Indiana as in every state.

State capital gains tax is a separate layer from the federal tax. After the step-up, 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. Indiana's top marginal income tax rate is 2.95%IC 6-3-2-1(b)(7) (as amended by P.L.80-2025 / SEA 451 (2025))Verified Sep 20, 2026View source. The step-up still matters: it sets the gain on which both the federal and the state tax are figured.

For the capital gains tax, inheriting is usually better than receiving a lifetime gift. Inherited property takes a basis reset to fair market value at death26 USC § 1014Verified Sep 15, 2026View source under IRC § 1014; a gift carries the donor's original basis26 USC § 1015(a)Verified Sep 15, 2026View source under IRC § 1015. Stock bought for $10,000 and worth $200,000 carries a $190,000 gain to the recipient of a gift and none to an heir. Property held in a revocable living trust still receives the step-up at the grantor's death.

No. Inherited property is treated as held long-term from the date of death26 USC § 1223(9)Verified Sep 15, 2026View source under IRC § 1223(9), whatever the actual holding period, so a sale the day after the inheritance is taxed at the federal long-term rates of 0%, 15%, or 20%IRC § 1(h); IRS Topic No. 409Verified Sep 15, 2026View source on any gain above the stepped-up basis, plus the Indiana layer. Short-term ordinary-income rates never apply.

The new basis is the fair market value on the date of death26 USC § 1014(f), § 6035; IRS Pub. 551 (Basis of Assets); Form 8971 / Schedule AVerified Sep 15, 2026View source, and IRS Publication 551 sets the standard for each asset class: for a publicly traded security the average of the high and low prices that day, for real estate a qualified appraisal as of that date, for a privately held business interest an independent valuation (required where a federal estate tax return is filed). The valuation is what substantiates the basis on Schedule D when the heir sells.

Forms 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.

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Digital Assets Recovery Letter

Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.

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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 Sep 15, 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.

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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.

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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.

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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.

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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.

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Estate Closing

In Indiana, the personal representative is discharged automatically once the statutory period runsIC 29-1-7.5-4(b), 29-1-7.5-6; IC 29-1-17-13 (supervised track)Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.

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Letter of Instruction

Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.

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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.

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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.

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What Are the Estate Laws in My State?

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%IC 29-1-10-13 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 2.8%IC 29-1-10-13 (reasonable compensation; no statutory percentage)Verified 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.

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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.

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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%IC 29-1-10-13 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 2.8%IC 29-1-10-13 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.

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Who Inherits Without a Will?

Without a will in Indiana, a surviving spouse takes half of the estateIC § 29-1-2-1Verified Sep 10, 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 Sep 10, 2026View source.

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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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Do I Need Probate?

In Indiana, estates valued at $100,000IC 29-1-8-1Verified Sep 8, 2026View source or less skip probate with the Small Estate AffidavitIC 29-1-8-1Verified Sep 8, 2026View source, 45 daysIC 29-1-8-1Verified Sep 8, 2026View source after death.

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Indiana Estate Planning Resources

In-depth guides covering Indiana probate laws, trust requirements, and estate planning strategies.