What Do I Do When Someone Dies in Indiana?
A step-by-step checklist for the days, weeks, and months after a death, with the state's rules, deadlines, fees, and official forms noted on the steps they apply to. Free PDF.
Frequently Asked Questions
Request 10-15 certified copies from the funeral home or state vital records office. You will need these for banks, insurance companies, government agencies, and other institutions. Each institution typically requires an original certified copy. Order from Indiana Department of Health - Division of Vital Records. Fee: $8/copy ($4 additional). Available: online, phone, mail, in-person. Processing: 60 days.
State law sets the order of who has the legal right to decide burial, cremation, or other disposition. A written pre-need designation by the deceased, if one exists, controls. Confirm who holds this authority before arrangements are made. State law sets the order of who controls disposition of remains. Order: Person granted authority in a funeral planning declaration, or named in the U.S. Department of Defense "Record of Emergency Data" DD Form 93 if the decedent died while serving in the Armed Forces (IC 29-2-19-17(1)); then Individual granted authority in a power of attorney or health care power of attorney, or a health care representative (IC 29-2-19-17(2)); then Surviving spouse (IC 29-2-19-17); then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.
Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types. Small estate affidavit available for estates under $100,000. Independent administration reduces court oversight.
Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond. File with the Circuit or Superior Court (probate jurisdiction); St. Joseph County has a dedicated Probate Court. Counties may require additional local forms. Filing fee $177. Independent administration reduces court supervision. Typical duration: 6-18 months.
Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority. Letters Testamentary are issued by the Clerk of the court, after the court grants the petition for probate of will / appointment and the representative qualifies. The state's title for the role is Personal Representative (executor if testate, administrator if intestate). Typically filed with the petition: Original will and any codicils, delivered to the court that has jurisdiction of the administration (IC 29-1-7-3); A certified copy of the death certificate is commonly requested by the court or by asset holders, but it is not an element of the petition under IC 29-1-7-5; Petition for probate of will and issuance of letters / petition for appointment, with the contents required by IC 29-1-7-5 (decedent, heirs, devisees/legatees, domicile, date of death, and the attorney who is to represent the personal representative); Bond only if the will requires it or the court orders it (IC 29-1-11-1) — not required by default; Notice of administration published after letters issue (IC 29-1-7-7); served on each heir, devisee, legatee, and known creditor named in the petition.
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Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
Learn more
Loss of a Spouse
What a surviving spouse needs to do: death certificates, survivor benefits, whether probate is even required, and the tax election that expires.
Learn more
Named as Executor
What an executor actually does: getting appointed, notifying creditors, paying debts and taxes, and where personal liability starts.
Learn more
Named as Trustee
Being named trustee means managing trust assets and carrying out the grantor's wishes. Your duties, timeline, compensation, and how to get started.
Learn moreMore tools for handling this estate
Calculators and checklists for executors and trustees.
Petition for Probate and Letters
Prepare the application to open probate and request Letters Testamentary or of Administration.
Notice to Creditors
Prepare the creditor notice for an estate — the official state form or a notice typeset to statute, plus mailed notices for known creditors.
Small Estate Affidavit
Prepare the affidavit that collects a small estate's property without probate — the official state form or an affidavit drafted to statute, plus a presentation letter for each holder.
Estate Inventory
Prepare the probate inventory of estate property — every asset at its date-of-death value, composed to your state's statute, with the state's filing or delivery instructions.
Estate Closing
Prepare the paperwork that closes the estate — the state's closing statement, petition for discharge, or final account, with the state's closing instructions and the optional federal forms.
Letter of Instruction
Prepare the letter of instruction a bank or insurer requests during estate settlement.
How Much Does Probate Cost?
Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.
How Much Can an Executor Charge?
Calculate how much an executor (personal representative) can charge for administering an estate. See if your state has statutory fees or uses reasonable compensation.
Who Inherits Without a Will?
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
What's Fair Trustee Compensation?
Find out what's fair compensation for serving as trustee. Compare family, professional, and corporate trustee rates based on your situation.
How Much Are Estate & Inheritance Taxes?
Calculate federal estate tax, state estate tax (12 states + DC), and inheritance tax (5 states) for an estate or trust.
How Many Death Certificates Do I Need?
Calculate how many certified death certificates you need based on the assets and accounts you need to close. See state-specific ordering information.
Indiana Estate Planning Resources
In-depth guides covering Indiana probate laws, trust requirements, and estate planning strategies.
