Revocable Living Trusts in Indiana
How revocable living trusts work under Indiana law and the other ways to pass property without probate.
Short 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. IC 30-4-1-1, 30-4-3-1.5
| 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 |
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| 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. |
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FAQ
How do living trusts work in Indiana?
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.
How can you avoid probate in Indiana?
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).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.