The Indiana probate process is the court-supervised way a deceased person’s estate gets settled: a petition is filed in the county where the person lived, a personal representative is appointed, creditors are notified and paid, taxes are handled, and whatever remains is distributed to beneficiaries under the will or, if there is no will, under Indiana’s intestacy rules. Governed by Title 29 of the Indiana Code, the process runs on three tracks. A small-estate affidavit can move assets worth $100,000 or less without formal probate. Unsupervised administration lets the representative work without asking the court to approve each step. Supervised administration keeps a judge involved throughout. How long the case takes turns mostly on the creditor claim period and on whether anyone contests the will.
How a Case Starts and Who Runs It
Probate opens when an interested person, usually a family member or the executor named in the will, files a petition with the probate court in the county where the deceased lived.1Indiana General Assembly. Indiana Code 29-1-7-4 – Petitions; Hearing Any will gets filed with the petition. The court then appoints a personal representative to manage the estate: the executor named in the will, or, if there is no will or the named executor cannot serve, an administrator, typically the surviving spouse or closest relative.
Once appointed, the representative has two months to prepare a verified inventory of probate assets, including real estate, bank accounts, investments, and personal property.2Indiana General Assembly. Indiana Code 29-1-7.5-3.2 – Inventories In unsupervised estates, the representative certifies to the court that the inventory has been prepared and is available; the court cannot require an actual copy to be filed. From there the work is practical: collect assets, publish creditor notice, review and pay claims, file tax returns, and distribute what is left. Detailed records matter because beneficiaries and the court can demand a full accounting.
The representative is usually paid from the estate. If the will fixes the amount, that controls, unless the representative formally renounces the will’s compensation before taking office. When the will is silent, the court sets “just and reasonable” compensation based on the work performed.3Indiana General Assembly. Indiana Code 29-1-10-13 – Compensation; Attorney’s Services Indiana does not set a fixed percentage the way some states do. Attorneys retained to help with the estate are paid from estate funds at a rate the court finds reasonable.
A bond is generally not required in unsupervised administration. The court will require one if the will calls for it, if the court decides one is needed to protect creditors and heirs, or if a beneficiary asks and the court agrees.4Indiana General Assembly. Indiana Code 29-1-7.5-2.5 – Personal Representative’s Bond A representative who lives outside Indiana can also be required to post one.
Which Track Your Estate Follows
Choosing the right track saves time and money. Three options exist, and they scale with the size and difficulty of the estate.
Small Estate Affidavit
For anyone who died after June 30, 2022, an affidavit can be used when the gross probate estate, minus liens, encumbrances, and reasonable funeral expenses, is $100,000 or less.5Indiana General Assembly. Indiana Code 29-1-8-1 – Small Estates; Payment Upon Presentation of Affidavit Two other conditions apply: the affidavit cannot be filed until at least 45 days after the death, and no petition for a personal representative can be pending or already granted. The heir presents the affidavit to whoever holds the asset, such as a bank, brokerage, or employer, and that entity must release the property. Debts and taxes still have to be paid, but the court file stays small and the timeline compresses dramatically.
Unsupervised Administration
Unsupervised administration is the most common form of Indiana probate. It applies when the will authorizes it or when all beneficiaries agree to it. The representative handles debts, distributes assets, and manages the estate without seeking court approval at each step.6Justia. Indiana Code Title 29, Article 1, Chapter 7.5 – Unsupervised Administration The inventory, creditor notice, and closing statement still have to happen. Any beneficiary who thinks the estate is being mishandled can petition to convert the case to supervised administration before it closes.
Supervised Administration
Supervised administration keeps the judge in the loop. It applies when the will requires it, when a beneficiary requests it, or when the estate involves disputes or unusual complexity. The representative must obtain court approval before major actions such as selling real estate or making distributions. It costs more and takes longer, and that is the tradeoff for the extra oversight.
Assets That Skip Probate Entirely
Not everything the deceased owned goes through probate. Several common assets transfer at death by their own rules, regardless of what the will says, and a will cannot override them.
- Joint bank accounts pass to the surviving account holder.7Indiana General Assembly. Indiana Code 32-17-11-18 – Ownership of Accounts at Death of Party, Original Payee, or Trustee
- Pay-on-death and trust accounts pass to the named beneficiary; multiple beneficiaries share equally unless the account terms say otherwise.7Indiana General Assembly. Indiana Code 32-17-11-18 – Ownership of Accounts at Death of Party, Original Payee, or Trustee
- Transfer-on-death deeds move real estate to a named beneficiary if recorded with the county recorder before the owner’s death. An unrecorded deed is void. When the property is held as tenants by the entirety, both spouses must sign for the deed to be valid.8Indiana General Assembly. Indiana Code 32-17-14-11 – Transfer on Death Deeds
- Stocks, bonds, and other securities registered in beneficiary form pass to the named person under Indiana’s Transfer on Death Property Act.9Indiana General Assembly. Indiana Code 32-17-14-3 – Definitions
- Life insurance and retirement accounts pass to the named beneficiary by contract and never enter the probate estate.
- Assets titled in a revocable living trust are distributed by the trustee under the trust’s terms.
Sorting these out early matters. If most of what the deceased owned transferred by beneficiary designation or survivorship, the estate that actually needs probate may be small enough for the affidavit.
The Creditor Notice and Claim Deadlines
The creditor claim period is the clock that sets the shape of most Indiana probate cases. After appointment, the representative publishes notice in a local newspaper and sends direct notice to any known creditors. Creditors then have three months from the date of first publication to file claims, with a hard outer limit of nine months from the date of death; whichever comes first controls, and claims filed later are permanently barred.10Indiana General Assembly. Indiana Code 29-1-14-1 – Limitations; Filing; Claims Barred or Not; Liens; Tort Claims
Government debts at the federal, state, and local level and administration expenses are not subject to these deadlines. Everything else, credit card balances, medical bills, personal loans, must be filed on time or disappear. The representative reviews each claim and can accept or reject it. A rejected creditor can ask the court to rule, but the filing deadline still applies.
Paying Debts, Taxes, and What Gets Distributed
If the estate does not have enough cash to pay valid debts, the representative may need to sell assets. Indiana law sets a priority order for payment, with administration expenses and funeral costs at the top. Only after debts are satisfied does the estate distribute anything to beneficiaries. The representative has no authority to hand out assets early while legitimate claims remain unresolved.
Indiana imposes no state estate tax and no inheritance tax. Federal obligations still apply. The federal estate tax exemption for 2026 is $15 million per individual, set by the One, Big, Beautiful Bill signed into law in July 2025, and estates below that threshold owe no federal estate tax.11Internal Revenue Service. What’s New – Estate and Gift Tax Most Indiana estates fall well below it.
Two returns often still need to be filed. If the estate earns more than $600 of income after the death, from interest, rent, or dividends, the representative files a federal Form 1041.12Internal Revenue Service. Instructions for Form 1041 The representative should also file a final Form 1040 for the deceased covering January 1 of the year of death through the date of death.
With debts, taxes, and the claim period behind them, the representative distributes what remains. Under a valid will, specific bequests go out first, followed by the residuary estate. Without a will, the intestacy shares below control. Every distribution has to be documented in the closing statement or final accounting.
What a Surviving Spouse Gets
Two sets of rules matter for a surviving spouse: what the intestacy statute gives when there is no will, and what the elective share gives when there is one the spouse does not want to accept.
Under intestacy, the spouse’s share depends on the family situation:
- Spouse and children of the marriage: the spouse takes one-half of the net estate; children (or descendants of a deceased child) take the other half.13Indiana General Assembly. Indiana Code 29-1-2-1 – Share of Surviving Spouse
- Spouse, no children, but surviving parents: the spouse takes three-fourths; the parents share the remaining quarter.
- Spouse, no children and no parents: the spouse takes everything.
- Second or subsequent childless spouse where the deceased left children from a prior relationship: the spouse takes one-half of personal property but only 25% of the net equity in real property (fair market value minus liens), with the real estate vesting immediately in the deceased’s children.13Indiana General Assembly. Indiana Code 29-1-2-1 – Share of Surviving Spouse
These rules govern only property that actually passes through probate. Beneficiary designations, joint accounts, and transfer-on-death deeds follow their own terms.
When a will exists, a surviving spouse does not have to accept what it provides. The spouse can elect against the will and take a statutory share instead. For a first spouse, or any spouse who had children with the deceased, the elective share is one-half of the net estate, personal and real. For a second or subsequent spouse who never had children with the deceased, where the deceased left children from a prior relationship, the elective share drops to one-third of net personal property plus 25% of the net equity in real property.14Indiana General Assembly. Indiana Code 29-1-3-1 – Elective Share of Surviving Spouse A will that cuts a spouse out or leaves a token amount can be partially overridden this way.
Closing the Estate
How the case ends depends on the track.
In unsupervised administration, the representative can file a closing statement no earlier than three months after the first creditor notice was published, so the claim period has expired first.15Indiana General Assembly. Indiana Code 29-1-7.5-4 – Closing Estate; Procedures; Termination A copy of the closing statement and a full written accounting go to each affected beneficiary, who has three months to object. No objection, and the appointment terminates.
In a small-estate affidavit case, the fiduciary files a verified closing statement after distributing all assets. If no actions, claims, or objections are filed within two months, the fiduciary’s duties end.16Indiana General Assembly. Indiana Code 29-1-8-4 – Closing of Estate; Statement
In supervised administration, the court has to approve the final accounting and distribution plan. The representative files a detailed final report, the court holds a hearing, and the estate closes only after the court enters a discharge order.
Contesting the Will
Anyone with a direct interest in the estate can challenge a will, but the window is short. A contest must be filed within three months of the court order admitting the will to probate.17Indiana General Assembly. Indiana Code 29-1-7-17 – Contest of Wills; Requisites; Grounds Miss it and the chance is gone.
Indiana recognizes four grounds:
- Unsoundness of mind: the person lacked capacity to understand what they were doing.
- Improper execution: the will was not signed or witnessed the way Indiana law requires.
- Duress or fraud: someone pressured or deceived the person into making the will.
- Any other valid objection, a catch-all covering issues such as forgery or a later will that revoked the one being probated.17Indiana General Assembly. Indiana Code 29-1-7-17 – Contest of Wills; Requisites; Grounds
The challenger carries the burden of proof.18Indiana General Assembly. Indiana Code 29-1-7-20 – Contest of Wills; Burden of Proof Suspicion or family grievance is not enough; concrete evidence is: medical records showing cognitive decline, testimony about signing irregularities, documentation of coercion or fraud. If the court invalidates the will, assets pass under any earlier valid will, or, if none exists, under Indiana’s intestacy rules.