Indiana estate administration

Indiana probate: rules, process, costs, executor fees and deadlines

Small-estate limit: $100,000

That figure applies to deaths on or after 2022-07-01. Indiana sets this ceiling by the decedent’s date of death, so an earlier death is measured against a different amount.

This guide explains probate in Indiana: Indiana dispenses with administration for qualifying personal-property estates by affidavit after 45 days; county Circuit or Superior Courts exercise probate jurisdiction.

Sources reviewed August 9, 2026. Latest primary-source re-fetch September 15, 2026.

Answer first

Indiana simplified probate route

After 45 days, a distributee may present an affidavit for personal property when the gross probate estate, LESS liens, encumbrances, funeral expenses, and administration expenses, does not exceed $100,000 for deaths after June 30, 2022, and no personal-representative appointment is pending or granted. Because this calculator does not collect the funeral and administration expenses that Indiana subtracts before applying the $100,000 test, any eligibility result shown here is provisional and must be confirmed against the estate's actual deductible expenses.

Small-estate affidavit (dispensing with administration)

What the reviewed rules establish

Simplified route

$100,000

After 45 days, a distributee may present an affidavit for personal property when the gross probate estate, LESS liens, encumbrances, funeral expenses, and administration expenses, does not exceed $100,000 for deaths after June 30, 2022, and no personal-representative appointment is pending or granted. Because this calculator does not collect the funeral and administration expenses that Indiana subtracts before applying the $100,000 test, any eligibility result shown here is provisional and must be confirmed against the estate's actual deductible expenses.

Eligibility and caveats

Court cost

$177

The statutory probate costs fee is $120. The Indiana Supreme Court’s current-through-2026 manual totals statewide probate filing fees at $177; the total is $205 only if the office collects the optional $28 sheriff service fee.

Filing-cost detail

Executor compensation

Court-reviewed

The will controls unless renounced; otherwise the court allows compensation it deems just and reasonable. Additional compensation may be allowed for attorney services and services not required of a personal representative.

Compensation detail

Creditor deadline

Multiple triggers

Multiple distinct deadlines prevent an honest single days value. Ordinary claims are generally filed within three months after first publication, while claims barrable under subsection (a) face a nine-month-from-death outer bar, subject to statutory exceptions including specified governmental, lien, and tort claims. No separate actual-notice or appointment deadline was verified in this section.

IC 29-1-14-1 (Indiana General Assembly; reviewed August 9, 2026)

Timeline and creditor details

Indiana decision map

The four facts that change the Indiana route

Use this map before opening a form or entering a number. It keeps the Indiana amount test, time gate, court cost, and creditor record separate so one easy figure does not stand in for the whole administration.

Indiana estate administration decision map
QuestionRecorded Indiana answerCarry into the case
What route is being screened?Small-estate affidavit (dispensing with administration)Confirm that the will, prior appointment, family facts, and asset titles fit this route.
What property and basis count?personal probate property only; net of enforceable liens and encumbrances.Keep real property, liens, beneficiary transfers, and survivorship transfers classified separately.
What is the amount screen?$100,000 for deaths on or after July 1, 2022Use the counted property, not a bank-balance shortcut.
What is the time or deadline record?45 days after death; Multiple distinct deadlines prevent an honest single days value. Ordinary claims are generally filed within three months after first publication, while claims barrable under subsection (a) face a nine-month-from-death outer bar, subject to statutory exceptions including specified governmental, lien, and tort claims. No separate actual-notice or appointment deadline was verified in this section.Keep the event that starts each clock with the date; do not combine separate periods into one number.
What does the cost record establish?$177 is the recorded statewide amount.Ask the Circuit/Superior Court with probate jurisdiction about local surcharges, copies, publication, bond, and later filings.
What does compensation use?The will controls unless renounced; otherwise the court allows compensation it deems just and reasonable. Additional compensation may be allowed for attorney services and services not required of a personal representative. The relevant base is the estate accounting.Keep the will, task log, receipts, and accounting base together; extraordinary work is separate.

Arithmetic illustration

See the Indiana amount screen without mistaking it for a result

The recorded Indiana ceiling is $100,000 for deaths on or after July 1, 2022, and it is tested against personal probate property only, on a basis this site records as net of enforceable liens and encumbrances. Counted that way, $75,000 sits below the Indiana figure and $125,000 sits above it. Both are comparisons to a published number rather than legal outcomes: two estates holding the same total can land on opposite sides of this line, because what Indiana counts and how it values it are decided before the comparison is made.

Illustrative counted amountComparison to the Indiana ceilingWhat it does not decide
$75,000Below $100,000 for deaths on or after July 1, 2022Title, liens, waiting period, appointment, or creditor duties
$125,000Above $100,000 for deaths on or after July 1, 2022Whether another statutory route or court process applies

Next evidence to collect

Start with the row that is still unknown, then take that question to the named court or source.

  1. Record the date of death, the county, and the exact proceeding or affidavit being considered.
  2. Classify each asset by title, beneficiary, trust, real-property status, and the value basis shown above.
  3. Open the official court material below and keep its form or schedule with the estate record.
  4. Do not distribute property until the route, creditor position, and required approvals are resolved.

Official material

Indiana probate jurisdiction is exercised by the Circuit or Superior Court identified for the county; use the judiciary directory.

Source trail

Records used by this Indiana map

Limits and unresolved costs

  • This state's counted value depends on liens and encumbrances, which this calculator does not collect, so treat any eligibility result as provisional.
  • This state's counted value depends on funeral expenses, which this calculator does not collect, so treat any eligibility result as provisional.
  • This state's counted value depends on administration expenses, which this calculator does not collect, so treat any eligibility result as provisional.
  • Indiana measures eligibility on the gross probate estate LESS liens, encumbrances, funeral expenses and administration expenses (Ind. Code § 29-1-8-1). This calculator does not collect the funeral or administration expense figures, so it cannot compute the exact net value the $100,000 test applies to - treat any eligibility result as provisional.
  • No separate creditor actual-notice or appointment-trigger deadline was verified; statutory exceptions prevent collapsing claims into one deadline.
  • Attorney fees, bond premiums, publication, certified copies, tax work, and asset-sale costs are not included unless expressly shown.
  • Asset title, beneficiary designations, creditor claims, and will terms can change the route.
Use this as a starting point.

What Indiana courts publish

The statutes on this page state the rule. These are the documents the court itself publishes. Every link is probed before release, and any link that stops resolving fails the build rather than staying on the page.

Limits on court material

  • Indiana probate jurisdiction is exercised by the Circuit or Superior Court identified for the county; use the judiciary directory.

Primary sources

Each legal input links to the government source reviewed for this page. Source text can change; confirm the current rule before acting.