After a death in Indiana

Small estates

Small estate affidavit (IC 29-1-8-1) for personal property when the gross probate estate is $100,000 or less (deaths after June 30, 2022; $50,000 for earlier deaths). You must wait 45 days after death, and no personal representative can be appointed or pending. An heir or will beneficiary signs it and gives it with the death certificate to the bank or other holder. Real estate cannot pass by this affidavit; separate recorded affidavit procedures exist for real estate. Unsupervised administration is a simpler court option for larger estates.

• Limit: $100,000 (deaths after June 30, 2022)
• Waiting time after the death: 45 days
• Source: the official source

Probate court

In Indiana, estates are handled by the Circuit or superior court of the county with probate jurisdiction (St. Joseph County has a separate Probate Court), usually in the county where the person lived.

Creditor claims: 3 months after the first published notice to creditors. All claims are barred 9 months after death.

Official court forms

Probate Forms - Clerk of the Allen Circuit and Superior Courts

Court clerk page with probate forms, including a small estate affidavit.

Small estate form: open the form

Indiana’s statewide court site has no probate forms page. This page is from the Allen County court clerk, and forms vary by county. The small estate affidavit is for estates of $100,000 or less and can be used only after 45 days have passed since the death.

Estate and inheritance tax

• State estate tax: No. Indiana has no estate tax.
• Inheritance tax: No. Indiana repealed its inheritance tax for deaths after December 31, 2012.

The federal estate tax applies only to very large estates. Most families do not owe it.

Property that passes outside probate

• Transfer on death deed for a home: Yes. Transfer on death deed under the Transfer on Death Property Act (IC 32-17-14). It must be recorded with the county recorder before the owner dies.
• Community property state: No.

Accounts with a named beneficiary, jointly owned property and property in a living trust usually pass directly, without probate, in every state.

Wills

Signing a will: Signed by the person making the will in front of two adult witnesses, who also sign. No notary is needed. A self-proving clause signed by the testator and witnesses under penalty of perjury avoids witness testimony later. Electronic wills are allowed.

Handwritten wills: Handwritten wills without two witnesses are not valid.

Power of attorney and health care directive

Financial power of attorney: Signed by the principal in front of a notary, or in front of qualified witnesses under IC 30-5-4-1.3 to 1.9 (mainly for electronic signing). Indiana has its own Power of Attorney Act (IC 30-5) and has not adopted the Uniform Power of Attorney Act. Powers are usually granted by referring to sections of the act.

Health care directive: Indiana Advance Directive (IC 16-36-7), which names a health care representative and can state treatment wishes. Sign in front of two adult witnesses (at least one not your spouse or relative) or a notary. Remote online notarization is allowed. The Physician Orders for Scope of Treatment (POST) form is signed with your doctor. See the state form.

Death certificates

Certified copies come from the Indiana Department of Health, Vital Records, or the local health department in the county where the death happened. The fee is State: $8 for the first copy, $4 for each additional copy in the same order. Local health department fees vary.. The funeral home can usually order them for you.

You must show a direct interest, such as being a close relative. The state recommends ordering from the local health department for faster service.

Most families need 6 to 12 certified copies. Banks, insurers and brokerages usually want a certified copy.

Also good to know

Indiana has no inheritance tax for deaths after 2012. Most estates that need court use unsupervised administration, which has less court oversight.