Question 1

What makes a will valid in Indiana?

Accepted Answer

A person of sound mind who is at least 18 (or a younger member of the armed forces or merchant marine) may make a will. Except for limited oral wills, the will-maker must, in the presence of two or more witnesses, indicate that the document is their will and sign it (or acknowledge their signature, or direct another person to sign in their presence). The witnesses must sign in the presence of the will-maker and of each other.

Question 2

Is a handwritten will valid in Indiana?

Accepted Answer

No. Indiana does not have a separate rule for handwritten wills; a written will must be signed by the will-maker and at least two witnesses to be valid.

Question 3

Does a will need to be notarized in Indiana?

Accepted Answer

Yes. A will is self-proved by a self-proving clause, in the statutory wording or in substance the same, signed by the will-maker and the witnesses (signatures may be made under penalties for perjury). Notarization is not required. A clause may also be added after the will is signed.

Question 4

Who inherits if someone dies without a will in Indiana?

Accepted Answer

Surviving spouse: one-half of the net estate if the decedent left children or descendants of a deceased child; three-fourths if no descendants but a parent survives; everything if no descendants or parents. A second or later spouse with no children by the decedent, when the decedent left children from an earlier marriage, receives only 25% of the net value of the decedent's real estate (plus the usual share of personal property). The rest goes to descendants; with no spouse or descendants, to parents, siblings and descendants of deceased siblings (each parent receives at least one-fourth), then grandparents, then aunts, uncles and their descendants.

Question 5

What is a surviving spouse entitled to in Indiana?

Accepted Answer

A surviving spouse may elect to take against the will and receive one-half of the net estate. A second or later spouse with no children by the decedent, when the decedent left children from an earlier marriage, receives one-third of the net personal estate plus 25% of the net value of the real estate. The election must be made within three months after the will is admitted to probate (or 30 days after a pending will contest ends).

Question 6

What is the small estate limit in Indiana?

Accepted Answer

If the gross probate estate, minus liens, encumbrances and reasonable funeral expenses, is $100,000 or less (for deaths after June 30, 2022), a distributee can collect money owed to the decedent, personal property, bank accounts, securities and safe deposit box contents by affidavit 45 days after death, if no personal representative has been appointed or applied for. Vehicle and watercraft titles can be transferred by the BMV with an affidavit signed by all distributees. The affiant must notify all distributees. The affidavit does not cover real estate.

Question 7

Is there a simplified probate process in Indiana?

Accepted Answer

Small estate summary closing: if the estate (minus liens) is no more than $100,000 plus administration costs and reasonable funeral expenses (for deaths after June 30, 2022), the personal representative of an unsupervised estate or another court-appointed fiduciary may distribute the estate without notice to creditors and close it with a closing statement. When real estate is involved, an affidavit with the legal description and each person's share may be recorded with the county recorder.

Question 8

How does probate work in Indiana?

Accepted Answer

Main steps: petition the court to probate the will and/or appoint a personal representative; letters issued; as soon as letters are issued, publish notice of administration once a week for two consecutive weeks and mail it to heirs, beneficiaries and known creditors; prepare a verified inventory within two months after appointment (given to interested persons who ask, unless filed with the court); pay claims; distribute property; and close the estate.

Question 9

How long do creditors have to file claims against an estate in Indiana?

Accepted Answer

Claims must be filed with the court within three months after the first published notice to creditors (or, for a beneficiary named in a will whose probate is later revoked, within three months after the revocation, if later). A known or reasonably ascertainable creditor who was not served notice within one month after the first publication, and is served later, must file within two months after being served. All claims are barred if not filed within nine months after death. Claims of the United States, the state or its political subdivisions are not subject to these filing deadlines, but the state's Medicaid estate recovery unit must file its claim within nine months after death. Mortgages and other liens can still be enforced, and negligence claims against a deceased person's estate can be brought within the tort statute of limitations.

Question 10

Who can be an executor in Indiana?

Accepted Answer

Priority: the executor named in the will, a spouse who is a beneficiary, other beneficiaries, the spouse or the spouse's nominee, an heir or an heir's nominee, then any qualified person. Persons under 18, incapacitated persons (other than from physical illness alone), persons the court finds unsuitable, and (unless the court allows it) convicted felons cannot serve. A nonresident may serve as sole personal representative only by filing written acceptance, appointing an Indiana resident agent to accept legal papers, and posting bond; a nonresident serving with a resident co-representative must also post bond. In unsupervised administration the court may adjust or waive bond.

Question 11

Does Indiana allow transfer-on-death deeds?

Accepted Answer

Yes. A transfer on death deed must be signed by the owner (or the owner's legal representative) and recorded with the county recorder in the county where the land is located before the owner dies, with the county auditor's endorsement; an unrecorded deed is void. No consideration or delivery to the beneficiary is required.

Question 12

What does a quitclaim deed need to be valid in Indiana?

Accepted Answer

To be recorded, a deed must carry an acknowledgment or a proof performed by a notarial officer (an acknowledgment may also be taken by a remote notary public) and meet the notarial and county recording requirements. A conveyance must also include a statement of the mailing address for property tax statements and the grantee's mailing address (a street or rural route address). Deeds are recorded with the county recorder where the land is located.

Question 13

What are the requirements for a power of attorney in Indiana?

Accepted Answer

A power of attorney must be in writing, name an attorney in fact, and be signed by the principal (or by another person at the principal's direction) either before a notary public or before witnesses as allowed by the statute.

Question 14

What are the requirements for a health care directive in Indiana?

Accepted Answer

Advance directive (can name a health care representative and give treatment instructions): the person signs (or directs another adult to sign in their presence) either in the presence of two adult witnesses, at least one of whom is not the person's spouse or other relative, or before a notary (remote online notarization allowed). Telephone witnessing and counterpart signing are allowed in limited situations.

Question 15

Does Indiana have an estate or inheritance tax?

Accepted Answer

No state estate or inheritance tax. Indiana's inheritance tax was repealed for deaths after December 31, 2012, and the estate tax and generation-skipping tax were repealed effective January 1, 2013.

Question 16

How do I make a living will in Indiana?

Accepted Answer

Indiana's current tool is the "advance directive," which can state the person's wishes about providing, continuing, stopping or refusing life-prolonging procedures, palliative and comfort care, as well as specific health care decisions. It must be signed by the declarant (or by another adult at their specific direction and in their presence) either in front of two adult witnesses or before a notarial officer; at least one witness may not be the declarant's spouse or other relative. Indiana's older living will declaration under IC 16-36-4 also required a voluntary, written, signed and dated document signed before two adult witnesses or a notary.

Question 17

How do I make a medical power of attorney in Indiana?

Accepted Answer

Indiana names a "health care representative" in an advance directive. The directive can designate one or more competent adults (or other persons) to make health care decisions or receive health information, and can disqualify named people from serving as representative or proxy. Signing rules: signed by the declarant (or by another adult at their direction) in the presence of two adult witnesses or a notarial officer; remote online notarization and limited telephone or counterpart witnessing are allowed.

Question 18

How do living trusts work in Indiana?

Accepted Answer

Indiana has its own Trust Code (IC 30-4) rather than the Uniform Trust Code, but follows the UTC default on revocability: for trusts created by instruments signed after June 30, 2005, a trust is revocable unless its terms expressly say it is irrevocable. The settlor may revoke or amend by the method in the trust or, if that method is not exclusive, by a later will or codicil that refers to the trust or devises its property, or by another writing showing clear and convincing evidence of intent. Assets must be retitled to the trustee to be governed by the trust; trust property passes under its terms without probate.

Question 19

What does an executor have to do in Indiana?

Accepted Answer

As soon as letters are issued, the personal representative publishes notice of administration once a week for two consecutive weeks and mails it to heirs, beneficiaries and known creditors. Within two months after appointment (unless the court allows more time), the representative prepares a verified inventory showing the fair market value of each item and all known liens, classified as real property, tangible and intangible personal property; it is given to interested persons who ask unless filed with the court. In an unsupervised estate, the representative may close by a verified closing statement filed no earlier than three months after first publication of notice to creditors, after paying claims, recording a personal representative's deed for any real estate, and distributing all assets.

Question 20

How do I get letters testamentary in Indiana?

Accepted Answer

Indiana courts grant "letters testamentary" (with a will) or "letters of general administration" (without one) after a petition to probate the will and/or appoint a personal representative. Priority goes to the executor named in a probated will, then a surviving spouse who is a devisee, other devisees, the spouse or the spouse's nominee, an heir or an heir's nominee, then any qualified person. A nonresident may serve as sole personal representative only by filing written acceptance, appointing an Indiana resident agent, and posting bond. In unsupervised administration the court may adjust or waive bond.

Question 21

Does Indiana have an affidavit of heirship?

Accepted Answer

Yes, for small estates. If the gross probate estate, less liens, does not exceed $100,000 (deaths after June 30, 2022) plus administration costs and reasonable funeral expenses, and the estate includes real property, an affidavit may be recorded with the county recorder where the land is located. The affidavit contains the legal description of the property, the statutory statement about the estate's value, and the names of the persons entitled to the property and their shares. Larger estates transfer real estate through a personal representative's deed in probate.

Question 22

How can you avoid probate in Indiana?

Accepted Answer

Non-probate options in Indiana include: transfer on death deeds for real estate, recorded before death (IC 32-17-14-11); transfer-on-death designations for accounts, securities and other property under the Transfer on Death Property Act (IC 32-17-14); a vehicle title in transfer-on-death form ("A.B. transfers on death to C.D."), which vests in the beneficiary at the owner's death (IC 9-17-3-9); joint ownership with survivorship; property in a funded revocable trust (IC 30-4-3-1.5); the small estate affidavit for estates of $100,000 or less (IC 29-1-8-1); and the small estate closing procedure (IC 29-1-8-3).

Question 23

Where can I get a power of attorney form in Indiana?

Accepted Answer

For health care, Indiana has no official or mandatory advance directive form; a directive must meet the requirements of the health care advance directives chapter, IC 16-36-7. The Indiana Department of Health's Advance Directives Resource Center links to sample forms. Financial powers of attorney are governed by the Indiana Powers of Attorney Act, IC 30-5.

Question 24

How do I search probate court records in Indiana?

Accepted Answer

The Indiana Judicial Branch's free public case search, MyCase (mycase.in.gov), covers courts that use the state's Odyssey case management system (most courts in the state) and shows all public cases that are not confidential, sealed or expunged.

Question 25

How do I transfer a car title after someone dies in Indiana?

Accepted Answer

Through the Indiana Bureau of Motor Vehicles (BMV). If the title was issued in transfer-on-death form, the interest vests in the named beneficiary at the owner's death, and the beneficiary applies for a new title with proof of death. Without a TOD title, if the estate qualifies as a small estate ($100,000 or less after liens, encumbrances and reasonable funeral expenses, for deaths after June 30, 2022), the BMV transfers the title on an affidavit signed by all distributees once 5 days have passed since the death, as long as no appointment of a personal representative is contemplated. Otherwise, the personal representative transfers the vehicle using letters from the probate court.

Requirements for a valid will	A person of sound mind who is at least 18 (or a younger member of the armed forces or merchant marine) may make a will. Except for limited oral wills, the will-maker must, in the presence of two or more witnesses, indicate that the document is their will and sign it (or acknowledge their signature, or direct another person to sign in their presence). The witnesses must sign in the presence of the will-maker and of each other. Re-verified 2026-10-27. Source: IC 29-1-5-1, 29-1-5-3
Handwritten (holographic) wills	No. Indiana does not have a separate rule for handwritten wills; a written will must be signed by the will-maker and at least two witnesses to be valid. Re-verified 2026-10-27. Source: IC 29-1-5-3
Self-proving affidavit	Yes. A will is self-proved by a self-proving clause, in the statutory wording or in substance the same, signed by the will-maker and the witnesses (signatures may be made under penalties for perjury). Notarization is not required. A clause may also be added after the will is signed. Re-verified 2026-10-27. Source: IC 29-1-5-3.1

Probate steps	Main steps: petition the court to probate the will and/or appoint a personal representative; letters issued; as soon as letters are issued, publish notice of administration once a week for two consecutive weeks and mail it to heirs, beneficiaries and known creditors; prepare a verified inventory within two months after appointment (given to interested persons who ask, unless filed with the court); pay claims; distribute property; and close the estate. Re-verified 2026-10-27. Source: IC 29-1-7-7, 29-1-12-1
Simplified probate	Small estate summary closing: if the estate (minus liens) is no more than $100,000 plus administration costs and reasonable funeral expenses (for deaths after June 30, 2022), the personal representative of an unsupervised estate or another court-appointed fiduciary may distribute the estate without notice to creditors and close it with a closing statement. When real estate is involved, an affidavit with the legal description and each person's share may be recorded with the county recorder. Re-verified 2026-10-27. Source: IC 29-1-8-3
Small estate affidavit	If the gross probate estate, minus liens, encumbrances and reasonable funeral expenses, is $100,000 or less (for deaths after June 30, 2022), a distributee can collect money owed to the decedent, personal property, bank accounts, securities and safe deposit box contents by affidavit 45 days after death, if no personal representative has been appointed or applied for. Vehicle and watercraft titles can be transferred by the BMV with an affidavit signed by all distributees. The affiant must notify all distributees. The affidavit does not cover real estate. Earlier limits: $50,000 for deaths from July 1, 2006 through June 30, 2022; $25,000 for earlier deaths. Re-verified 2026-10-27. Source: IC 29-1-8-1
Deadline for creditor claims	Claims must be filed with the court within three months after the first published notice to creditors (or, for a beneficiary named in a will whose probate is later revoked, within three months after the revocation, if later). A known or reasonably ascertainable creditor who was not served notice within one month after the first publication, and is served later, must file within two months after being served. All claims are barred if not filed within nine months after death. Claims of the United States, the state or its political subdivisions are not subject to these filing deadlines, but the state's Medicaid estate recovery unit must file its claim within nine months after death. Mortgages and other liens can still be enforced, and negligence claims against a deceased person's estate can be brought within the tort statute of limitations. Re-verified and corrected 2026-10-27. Source: IC 29-1-14-1(a), (d)-(g), 29-1-7-7(d)-(g)
Who can be executor	Priority: the executor named in the will, a spouse who is a beneficiary, other beneficiaries, the spouse or the spouse's nominee, an heir or an heir's nominee, then any qualified person. Persons under 18, incapacitated persons (other than from physical illness alone), persons the court finds unsuitable, and (unless the court allows it) convicted felons cannot serve. A nonresident may serve as sole personal representative only by filing written acceptance, appointing an Indiana resident agent to accept legal papers, and posting bond; a nonresident serving with a resident co-representative must also post bond. In unsupervised administration the court may adjust or waive bond. Re-verified 2026-10-27. Source: IC 29-1-10-1
Finding probate court records	The Indiana Judicial Branch's free public case search, MyCase (mycase.in.gov), covers courts that use the state's Odyssey case management system (most courts in the state) and shows all public cases that are not confidential, sealed or expunged. Source: Indiana Judicial Branch, Searching MyCase

Financial power of attorney	A power of attorney must be in writing, name an attorney in fact, and be signed by the principal (or by another person at the principal's direction) either before a notary public or before witnesses as allowed by the statute. Re-verified 2026-10-27. Source: IC 30-5-4-1
Health care directive	Advance directive (can name a health care representative and give treatment instructions): the person signs (or directs another adult to sign in their presence) either in the presence of two adult witnesses, at least one of whom is not the person's spouse or other relative, or before a notary (remote online notarization allowed). Telephone witnessing and counterpart signing are allowed in limited situations. Re-verified 2026-10-27. Source: IC 16-36-7-28
Official power of attorney forms	For health care, Indiana has no official or mandatory advance directive form; a directive must meet the requirements of the health care advance directives chapter, IC 16-36-7. The Indiana Department of Health's Advance Directives Resource Center links to sample forms. Financial powers of attorney are governed by the Indiana Powers of Attorney Act, IC 30-5. Source: IC 16-36-7; IC 30-5; Indiana Department of Health, Advance Directives Resource Center

Living will / advance directive	Indiana's current tool is the "advance directive," which can state the person's wishes about providing, continuing, stopping or refusing life-prolonging procedures, palliative and comfort care, as well as specific health care decisions. It must be signed by the declarant (or by another adult at their specific direction and in their presence) either in front of two adult witnesses or before a notarial officer; at least one witness may not be the declarant's spouse or other relative. Indiana's older living will declaration under IC 16-36-4 also required a voluntary, written, signed and dated document signed before two adult witnesses or a notary. Re-verified 2026-10-27. Source: IC 16-36-7-28; IC 16-36-4-8
Medical power of attorney	Indiana names a "health care representative" in an advance directive. The directive can designate one or more competent adults (or other persons) to make health care decisions or receive health information, and can disqualify named people from serving as representative or proxy. Signing rules: signed by the declarant (or by another adult at their direction) in the presence of two adult witnesses or a notarial officer; remote online notarization and limited telephone or counterpart witnessing are allowed. Re-verified 2026-10-27. Source: IC 16-36-7-28
Revocable living trust	Indiana has its own Trust Code (IC 30-4) rather than the Uniform Trust Code, but follows the UTC default on revocability: for trusts created by instruments signed after June 30, 2005, a trust is revocable unless its terms expressly say it is irrevocable. The settlor may revoke or amend by the method in the trust or, if that method is not exclusive, by a later will or codicil that refers to the trust or devises its property, or by another writing showing clear and convincing evidence of intent. Assets must be retitled to the trustee to be governed by the trust; trust property passes under its terms without probate. Re-verified 2026-10-27. Source: IC 30-4-1-1, 30-4-3-1.5
Ways to avoid probate	Non-probate options in Indiana include: transfer on death deeds for real estate, recorded before death (IC 32-17-14-11); transfer-on-death designations for accounts, securities and other property under the Transfer on Death Property Act (IC 32-17-14); a vehicle title in transfer-on-death form ("A.B. transfers on death to C.D."), which vests in the beneficiary at the owner's death (IC 9-17-3-9); joint ownership with survivorship; property in a funded revocable trust (IC 30-4-3-1.5); the small estate affidavit for estates of $100,000 or less (IC 29-1-8-1); and the small estate closing procedure (IC 29-1-8-3). Re-verified 2026-10-27. Source: IC 32-17-14-3, 32-17-14-11, 9-17-3-9, 30-4-3-1.5, 29-1-8-1, 29-1-8-3

Executor's duties	As soon as letters are issued, the personal representative publishes notice of administration once a week for two consecutive weeks and mails it to heirs, beneficiaries and known creditors. Within two months after appointment (unless the court allows more time), the representative prepares a verified inventory showing the fair market value of each item and all known liens, classified as real property, tangible and intangible personal property; it is given to interested persons who ask unless filed with the court. In an unsupervised estate, the representative may close by a verified closing statement filed no earlier than three months after first publication of notice to creditors, after paying claims, recording a personal representative's deed for any real estate, and distributing all assets. Re-verified 2026-10-27. Source: IC 29-1-7-7, 29-1-12-1, 29-1-7.5-4
Letters testamentary	Indiana courts grant "letters testamentary" (with a will) or "letters of general administration" (without one) after a petition to probate the will and/or appoint a personal representative. Priority goes to the executor named in a probated will, then a surviving spouse who is a devisee, other devisees, the spouse or the spouse's nominee, an heir or an heir's nominee, then any qualified person. A nonresident may serve as sole personal representative only by filing written acceptance, appointing an Indiana resident agent, and posting bond. In unsupervised administration the court may adjust or waive bond. Re-verified 2026-10-27. Source: IC 29-1-10-1, 29-1-7-7
Affidavit / determination of heirship	Yes, for small estates. If the gross probate estate, less liens, does not exceed $100,000 (deaths after June 30, 2022) plus administration costs and reasonable funeral expenses, and the estate includes real property, an affidavit may be recorded with the county recorder where the land is located. The affidavit contains the legal description of the property, the statutory statement about the estate's value, and the names of the persons entitled to the property and their shares. Larger estates transfer real estate through a personal representative's deed in probate. Earlier limits: $50,000 for deaths July 1, 2006 - June 30, 2022; $25,000 before. Re-verified 2026-10-27. Source: IC 29-1-8-3
Transferring a car after death	Through the Indiana Bureau of Motor Vehicles (BMV). If the title was issued in transfer-on-death form, the interest vests in the named beneficiary at the owner's death, and the beneficiary applies for a new title with proof of death. Without a TOD title, if the estate qualifies as a small estate ($100,000 or less after liens, encumbrances and reasonable funeral expenses, for deaths after June 30, 2022), the BMV transfers the title on an affidavit signed by all distributees once 5 days have passed since the death, as long as no appointment of a personal representative is contemplated. Otherwise, the personal representative transfers the vehicle using letters from the probate court. Re-verified and corrected 2026-10-27. Source: IC 9-17-3-9, 29-1-8-1(b)-(c)

Indiana Wills, Probate and Estate Law

Quick answers for Indiana

Wills

If there is no will

Probate

Deeds and transferring a house

Power of attorney and health care directives

Estate and inheritance tax

Planning documents and avoiding probate

Executors and heirs

Probate court and deed recording by county

Indiana estate law FAQ

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