What Happens If You Die Without a Will in Indiana?
Without a will in Indiana, a surviving spouse takes half of the estateIC § 29-1-2-1Verified Oct 21, 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 Oct 21, 2026View source.
Indiana intestacy law decides. Indiana follows separate property rulesIC § 29-1-2-1Verified Oct 21, 2026View source: the surviving spouse's share depends on whether children survive and whose children they are. The estate passes to the closest surviving relatives, in most cases the spouse and children first, then in order: Parents, siblings, and their descendants; Descendants of brothers and sisters; Grandparents; Aunts and uncles and their descendants; The stateIC § 29-1-2-1Verified Oct 21, 2026View source.
The surviving spouse's share in Indiana depends on the family. With no children: If no parent survives: entire estate. If parent survives: three-fourths (3/4) of the net estateIC § 29-1-2-1Verified Oct 21, 2026View source. With shared children: One-half (1/2) of the net estateIC § 29-1-2-1Verified Oct 21, 2026View source. When a child from a prior relationship survives: If the spouse is a second or subsequent spouse who never had children with the decedent, and the decedent's surviving children are by a previous spouse: an amount equal to 25% of the fair market value of the real property, less liens and encumbrances, with the real property itself passing at death to the decedent's children, plus one-half (1/2) of the personal property. Otherwise the ordinary one-half (1/2) of the net estate appliesIC § 29-1-2-1Verified Oct 21, 2026View source.
Indiana divides per capita with representationIC § 29-1-2-1(d)(1)Verified Oct 21, 2026View source: Issue of the same degree of kinship take equally; issue of more remote degrees take by representation.
Under Indiana intestacy law, a stepchild or an unmarried partner does not inherit unless adopted or recognized by statute. A will or trust is how a stepchild or an unmarried partner is provided for. The Indiana will signing requirements set out what a valid will takes.
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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.
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.
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.
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.
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.
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.
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.
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 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%Modeled estimate under IC 29-1-10-13 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.8%Modeled estimate under IC 29-1-10-13 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
What Are the Burial and Cremation Laws in My State?
Indiana allows you to name your own agent in advanceIC 29-2-19Verified Oct 17, 2026View source, and that designation takes priority over the order of next of kin who otherwise control disposition of the remains.
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.
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.
How Does Step-Up in Basis Work?
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.
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%Modeled estimate under IC 29-1-10-13 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.8%Modeled estimate under IC 29-1-10-13 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified 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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Indiana Estate Planning Resources
In-depth guides covering Indiana probate laws, trust requirements, and estate planning strategies.