What Do I Do When Someone Dies in Indiana?

After a death in Indiana, the estate either qualifies for the simplified procedure for estates under $100,000IC 29-1-8-1Verified Sep 8, 2026View source or goes through probate, where creditors have 3 monthsIC 29-1-14-1Verified Sep 8, 2026View source to file claims after notice.

Certified copies come from the Indiana Department of Health - Division of Vital RecordsIndiana Department of Health - Division of Vital RecordsVerified Oct 15, 2026View source; the funeral home usually places the first order. The first certified copy costs $8Indiana Department of Health - Division of Vital RecordsVerified Oct 15, 2026View source and each additional copy ordered with it $4Indiana Department of Health - Division of Vital RecordsVerified Oct 15, 2026View source; standard processing takes 60 daysIndiana Department of Health - Division of Vital RecordsVerified Oct 15, 2026View source. Banks, insurers, government agencies and retirement plans each want a certified copy, so the first order is for several. The Indiana death certificate guide carries the ordering details.

Indiana sets an order for who controls the disposition of remains: surviving spouse, then surviving adult child, or a majority of the surviving adult children, then surviving parent or parentsIC 29-2-19-17Verified Oct 17, 2026View source. The state allows you to name your own agent in advanceIC 29-2-19Verified Oct 17, 2026View source, and a written designation outranks the default order. The Indiana burial and cremation law guide carries the rest of the rules.

Only for what the decedent owned alone with no beneficiary named. Assets in a living trust, accounts with a named beneficiary and property owned jointly with right of survivorship pass outside probate. For the rest, Indiana allows estates valued at $100,000IC 29-1-8-1Verified Sep 8, 2026View source or less to use the Small Estate AffidavitIC 29-1-8-1Verified Sep 8, 2026View source, which avoids full probate administration. The Small Estate Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. The waiting period is 45 daysIC 29-1-8-1Verified Sep 8, 2026View source after death.

The opening petition is prepared to statute and filed with the Circuit or Superior CourtIC 29-1-7 (probate of wills & issuance of letters; petition contents IC 29-1-7-5); IC 29-1-10 (appointment & qualification of personal representatives); IC 29-1-7.5 (unsupervised administration)Verified Aug 24, 2026View source. Clerk of the court issues Letters Testamentary or Letters of Administration after the court grants the petition. The Indiana Letters Testamentary guide carries the documents, the bond and the self-filing rules.

A simple estate in Indiana typically settles in 6 months to 9 months, and an average estate in 9 months to 15 months. The creditor claim period of 3 monthsIC 29-1-14-1Verified Sep 8, 2026View source is the floor: final distribution waits for it to run. Assets in a living trust settle privately, without the court's timeline.

Forms for Settling an Estate in Indiana

Free forms for settling an estate in Indiana: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.

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Affidavit of Death

In Indiana, a surviving joint owner records the “Affidavit concerning the death of a party named in an instrument affecting real propertyIC 36-2-11-19(a)(1)Verified Oct 26, 2026View source”; a transfer on death deed beneficiary records the “Affidavit filed by the transfer on death deed beneficiary on the death of the ownerIC 32-17-14-26(b)(20)Verified Oct 26, 2026View source”.

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IRS Form 56

Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.

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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 Oct 18, 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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Tools for Settling an Estate in Indiana

Free tools for settling an estate in Indiana: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.

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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What Happens to Jointly Owned Property When an Owner Dies?

When a joint owner dies in Indiana, what the survivor records is the “Affidavit concerning the death of a party named in an instrument affecting real propertyIC 36-2-11-19(a)(1)Verified Oct 26, 2026View source”.

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Do I Have to File Tax Returns for Someone Who Died?

Indiana requires a final state income tax return for the decedent alongside the federal Form 1040IC 6-3-2-1(b)(7) (as amended by P.L.80-2025 / SEA 451 (2025))Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.

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How Do I Settle an Estate?

Settling an estate 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; creditors have 3 monthsIC 29-1-14-1, 29-1-7-7, 29-1-14-9, 29-1-14-10Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 9 months.

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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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Hire an Indiana Probate Attorney

Browse 121 probate firms in Indiana with addresses, contact info, and practice details.

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Indiana Estate Settlement Resources

In-depth guides covering Indiana probate, estate administration, and settling an estate.