Hiring a Wills, Trusts or Probate Lawyer in Indiana
What Indiana requires for a valid will, when probate applies, how estate lawyers charge, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Indiana: fee rules
| Rules on contingency fees | Contingent fees are allowed except where Rule 1.5(d) or other law prohibits them. The agreement must be a writing signed by the client stating how the fee is figured, including percentages on settlement, trial or appeal, which expenses come out of the recovery and whether before or after the fee is calculated, and any expenses the client owes whether or not they win; at the end, the lawyer gives a written statement of the result and the client's share. Indiana bars contingent fees for criminal defendants and domestic relations fees contingent on securing a dissolution, on the amount of maintenance, support or property settlement, or on obtaining child custody. A contingent fee for a post-judgment domestic relations collection action is allowed if the lawyer advises the client in writing about other collection options and otherwise complies with Rule 1.5(c). |
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Indiana rules to know first
| 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 |
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| 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 |
| How probate works | 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 |
Find and check a lawyer
| Lawyer referral service | The Indiana State Bar Association does not run a statewide referral line; it offers a Find a Lawyer directory (InBar.Reliaguide.com) and information on local resources for attorney referral. The Indiana courts' self-help site also lists Virtual Ask a Lawyer, hosted by the Indianapolis Bar Association (call or chat online). Also: https://www.in.gov/courts/selfservice/resources/ |
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| Check that the lawyer is licensed | The Indiana Supreme Court's Roll of Attorneys, maintained by the Office of Admissions & Continuing Education, can be searched by last name and, optionally, city. It shows the attorney number, name, address and phone on file with the Clerk, the date admitted to practice in Indiana, and the status of the attorney's license. You can also call Admissions and Continuing Education at 317-232-2552 to confirm license status, whether formal charges are pending and whether the lawyer has been disciplined before. Roll of Attorneys search: https://courtapps.in.gov/rollofattorneys |
| Check discipline history or file a complaint | Grievances about Indiana lawyers go to the Indiana Supreme Court Disciplinary Commission (staffed by the Office of Judicial & Attorney Regulation). Submit the Request for Investigation form online, or print and mail it to 251 N. Illinois Street, Suite 500, Indianapolis, IN 46204; call (317) 232-1807 to have a form mailed. Include the lawyer's name, any court cause number, a short statement of the conduct, and copies of supporting documents. The Commission does not recover money, file criminal charges or give legal advice, and fee disputes generally fall outside discipline unless the fee is clearly unreasonable. A grievance cannot be withdrawn once filed. Disciplinary history is public once formal charges are filed; Supreme Court discipline orders since 2003 are posted online. Discipline decisions: https://www.in.gov/courts/public-records/orders/discipline |
Free legal help
| Free legal aid | Indiana Legal Services, the state's LSC-funded legal aid organization, "provides free civil legal assistance to eligible low-income people throughout the State of Indiana" (indianalegalservices.org). Indiana Legal Help (IndianaLegalHelp.org) helps with cases, forms and finding no-cost or low-cost legal aid, and Indiana.FreeLegalAnswers.org lets qualifying people ask volunteer attorneys questions for free. The courts' Self-Service Legal Center provides information and forms for people representing themselves. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Indiana · Do I need a lawyer?
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.