How Probate Works in Indiana

Does Indiana require probate?

Not always. Indiana offers one of the more generous small estate thresholds in the country.

Estates valued at $100,000 or less (after subtracting liens and encumbrances on real estate) can use a small estate affidavit to transfer assets without formal probate. This high threshold means many Indiana estates can avoid court entirely.

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What court handles probate in Indiana?

Probate in Indiana is handled by the Superior Court or Circuit Court in the county where the deceased person lived. In some larger counties, one particular court may be designated to handle probate matters.

Indiana imposes a three-year filing deadline: a will must generally be filed for probate within 3 years of the date of death (Indiana Code § 29-1-7-15). After three years, the will may not be admitted, and the estate could be treated as if no will existed.

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Small estate threshold

Indiana allows a small estate affidavit for estates valued at $100,000 or less, minus liens and encumbrances on real estate (Indiana Code § 29-1-8-1).

Requirements:

• At least 45 days must have passed since the date of death.
• No petition for the appointment of a personal representative is pending.
• The value of the entire estate (including real property, minus liens and encumbrances on that property) does not exceed $100,000.
• The affidavit must be signed by the distributee and include information about the estate's assets and debts.

The affidavit can be presented to banks, employers, and other institutions to claim assets. Indiana is one of the few states that allows real property to be included in the small estate calculation, making this option available to a broader range of estates.

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Supervised vs. unsupervised administration

Indiana offers two forms of probate administration:

Unsupervised administration

The more common and efficient option. The personal representative manages the estate without ongoing court approval for routine matters. They gather assets, pay debts, and distribute property independently.

Unsupervised administration is available when:

• The will authorizes it, or
• All heirs and beneficiaries consent in writing

Supervised administration

The court oversees every major step. The personal representative must get court approval before selling assets, paying claims, or making distributions. This is required when there are disputes, minor beneficiaries without independent guardians, or when the court determines it is necessary.

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What if there is no will?

When someone dies without a will in Indiana, the estate follows the state's intestate succession laws (Indiana Code § 29-1-2-1):

• Spouse, no children. The surviving spouse inherits the entire estate.
• Spouse and children (all shared). The surviving spouse receives one-half of the estate. The children divide the other half equally.
• Spouse and children from a prior relationship. The surviving spouse receives one-half of the net personal property and a life estate in one-third of the real property. The children inherit the rest.
• Children, no spouse. The children inherit everything equally.
• Parents (no spouse or children). The parents inherit everything.

For a broader overview, see our guide on handling an estate without a will.

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What makes Indiana different?

High small estate threshold

Indiana's $100,000 small estate threshold (minus liens on real property) is among the highest in the country. Combined with the ability to include real property in the calculation, this means a significant number of estates can avoid formal probate.

Three-year filing deadline

Most states have no specific deadline for filing a will for probate. Indiana's three-year limit is a notable exception. If you discover a will more than three years after the death, it may be too late to probate it, and the estate would be distributed under intestate succession laws.

No state estate or inheritance tax

Indiana repealed its inheritance tax effective January 1, 2013. The state has no estate tax and no inheritance tax. Only the federal estate tax applies, and only to estates exceeding approximately $13.99 million in 2025.

For a general overview of the probate process, see our guide on how probate works. If you need to order death certificates, see our guide on how to get death certificates in Indiana.

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