Indiana
Estate law, probate process, and inheritance rules for Indiana — in plain language.
$2,000–$4,000 typical
Affidavit procedure Ind. Code §29-1-8-1
Elective share: 1/3 (with descendants) or 1/2 (no descendants)
Spouse + descendants of marriage: spouse takes 1/2; descendants share 1/2.
- ✓Must be 18+ and of sound mind
- ✓May be required to post bond unless will waives it
- ✓Must file inventory of estate assets
- ✓Must give notice to creditors per statute
- ⏱Will filed within 3 years of death
- ⏱Notice to creditors: 3 months
- ⏱Inventory: 60 days after appointment
- ⚠Indiana repealed inheritance tax in 2013
- ⚠IN allows unsupervised administration with court approval
- ⚠Outdated beneficiary designations override the will
- ⚠Real estate in another state triggers ancillary probate
- ⚠Joint tenancy with non-spouse can create unintended consequences
- →Unsupervised administration if family is in agreement
- →Trust for probate avoidance on larger estates
- Indiana Code Title 29 (Probate)
Statute references are for orientation only. Verify current text with your state legislature's website. Not legal advice — consult an attorney licensed in Indiana.
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