When Is Probate Required in Indiana? Your Guide to the Rules

Death is messy—probate doesn’t have to be. If you’re wondering what happens to an estate in Indiana, you’re not alone. Probate is how the court wraps up someone’s financial life—validating wills, paying off debts, and transferring what’s left to heirs. But here’s the thing: not every estate needs it.

Some estates breeze through shortcuts. Others get stuck in court for months. In this guide, we’ll break down when probate is required in Indiana, when you can avoid it, and how smart planning can save your family time, stress, and money.

What Is Probate and Why Does It Matter?

Probate, Explained

Probate is the court-supervised process of settling a deceased person’s estate. If there’s a will, the court confirms it and oversees the distribution. If there’s no will, state law decides who gets what.

Why Probate Exists

Indiana probate exists to:

• Make sure creditors get paid

• Ensure assets go to the right people

• Resolve family disputes before they blow up

Think of it as the legal referee when someone passes away.

Indiana Probate: When It’s Required (and When It’s Not)

Small Estate Affidavit (Under $50,000)

If the estate is worth $50,000 or less and there’s no real estate, you might avoid full probate using an Affidavit for Transfer of Personal Property. It works for things like:

• Bank accounts

• Cars

• Furniture or jewelry

It doesn’t apply to real estate—owning property almost always triggers probate.

Transfer-on-Death Assets

Some assets skip probate entirely if they’re properly set up:

• Bank accounts or securities with a named beneficiary

• Vehicles using a TOD title (IC 9-17-3-9)

• Real estate with a TOD deed

If it passes directly to someone, it doesn’t go through probate.

Joint Ownership with Right of Survivorship

If two people own a home jointly with survivorship rights, the survivor automatically inherits the full title. No probate needed—just a new deed.

Revocable Living Trusts

Trusts are the ultimate probate bypass. Assets in a trust pass privately and quickly. No court, no public records, no drama. They take planning up front but save huge headaches down the road.

When Probate Is Required in Indiana

Probate becomes mandatory when:

• The estate exceeds $50,000 and doesn’t qualify as a small estate

• There’s real estate without a TOD deed or joint ownership

• There are accounts or property with no listed beneficiary

• Family members are fighting over inheritance

• A will needs to be validated by the court

Without the right planning, even a simple estate can land in full probate—and that means court filings, deadlines, and costs.

How Indiana Probate Works (Step-by-Step)

Step 1: File a Petition

Start in the county where the deceased lived. You’ll need the death certificate, the will (if there is one), and details about the estate.

Step 2: Appoint a Personal Representative

The executor (if there’s a will) or an administrator (if there’s not) handles the estate. This person manages debts, pays taxes, and distributes assets.

Step 3: Notify Heirs and Creditors

Indiana law requires formal notice to all heirs and known creditors. Miss a deadline? It could delay the whole process or open the door for lawsuits.

Step 4: Inventory the Estate

Everything must be listed and valued—from homes and cars to bank accounts and collectibles. Appraisals may be needed.

Step 5: Pay Debts and Expenses

Before anyone inherits a thing, creditors and taxes come first. The court ensures debts like:

• Funeral costs

• Medical bills

• Credit cards

• Taxes

...are paid from the estate.

Step 6: Distribute Remaining Assets

Once debts are paid and the judge signs off, the remainder goes to the heirs—according to the will, or Indiana’s intestacy laws if there is no will.

Do You Really Need a Probate Attorney?

Probate in Indiana isn’t always simple. If the estate has:

• Real estate

• Conflicting heirs

• Missing documents

• Out-of-state property

...you need legal help. At Vining Legal, we’ve helped families across Indiana avoid probate when possible—or navigate it smoothly when required.

Plan Ahead. Probate Doesn’t Have to Be a Nightmare.

If you’re handling a loved one’s estate—or planning your own—you need to know when probate applies and how to avoid it. Smart strategies like TODs, trusts, and joint ownership can keep your estate out of court and in your family’s hands faster.

Have questions about your situation? We can help. Call Vining Legal at (317) 759-3225 or schedule your consultation today.

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