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Home→Tools→Trust or Will Decision Tool→Indiana

Should You Get a Trust or a Will in Indiana?

Compare probate costs, trust administration fees, and digital signing options for your state.

Frequently Asked Questions

Indiana uses reasonable compensation for probate fees, typically 2-4% of the estate value.IC 29-1-10-13 (reasonable compensation; no statutory percentage)Verified Apr 14, 2026 A trust avoids probate entirely and distributes assets faster than the 6-9 month probate timeline.

Probate in Indiana typically costs 2-4% of the estate value in attorney fees alone.IC 29-1-10-13 (reasonable compensation; no statutory percentage)Verified Apr 14, 2026 A revocable trust has a one-time setup cost and no probate fees. See a detailed breakdown with the Indiana probate calculator.

No. A will must go through probate in Indiana. However, estates with personal property under $100,000 may qualify for Small Estate Affidavit, which is faster and less expensive than full probate.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

Simple estates in Indiana typically take 6-9 months through probate. Complex or contested estates 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 A revocable trust avoids probate entirely, with assets typically distributed within weeks.

Yes. A will becomes a public court record once it enters probate in Indiana. A revocable trust is a private document that does not go through probate, so the terms, beneficiaries, and asset details remain confidential.

Use the Indiana probate calculator to estimate attorney fees, executor fees, court costs, and the probate timeline.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

Whether a trust is cost-effective depends on estate size, property types, and Indiana's probate costs. The Indiana trust need assessment evaluates these factors against your specific situation.

Trust vs Will in Indiana

Attorney fees in Indiana are based on reasonable compensation, typically 2%IC 29-1-10-13 (reasonable compensation; no statutory percentage)Verified Apr 14, 2026 to 4%IC 29-1-10-13 (reasonable compensation; no statutory percentage)Verified Apr 14, 2026 of the estate value. A trust avoids these costs entirely, regardless of estate size. See a detailed fee breakdown with the probate calculator.

Estates under $100,000IC 29-1-8-1Verified Apr 14, 2026 in Indiana may qualify for a simplified procedure that avoids formal probate. Below this threshold, a will with simplified probate has lower upfront costs. Above it, a trust typically costs less than full probate over time.

Simple probate in Indiana takes 6 monthsIC 29-1-8-1Verified Apr 14, 2026 to 9 monthsIC 29-1-8-1Verified Apr 14, 2026. A properly funded trust distributes assets in weeks with no court involvement. Trusts also keep asset details and beneficiary information out of public court records.

A revocable living trust avoids Indiana probate, keeps asset details private, and distributes assets without court delays. The trust need assessment evaluates whether a trust is cost-effective for your estate size.

SimplyTrustSimplyTrust Editorial·Updated April 14, 2026

Legal Sources

  • IC 29-1-10-13 (reasonable compensation; no statutory percentage)
  • IC 29-1-8-1

Data sourced from Indiana statutes and official state code. How we research.

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

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