Estate Planning Guide
Estate Planning in Indiana: A Complete Guide
Here's what surprises most Indiana residents when they first sit down with an estate attorney — the rules here aren't what most people expect. Indiana is estate-planning-friendly — no state estate tax and a Uniform Probate Code framework that makes the process more accessible than in many states. Transfer-on-death deeds allow real property to pass outside probate easily.
Indiana Probate
Indiana probate follows the Uniform Probate Code and is typically less adversarial and more efficient than in states without it. The process generally takes 6-12 months. Many Indiana estates can be handled without a living trust through effective use of TOD designations.
Indiana Estate Tax
Indiana has no state estate tax. Indiana eliminated its inheritance tax in 2013. Federal estate tax applies to estates over $13.61 million (2024).
Key facts for Indiana residents
These are the things that genuinely matter when you're building an estate plan in Indiana — the details that affect your family directly.
- 1
No Indiana state estate tax (federal estate tax applies above $13.61M)
- 2
Uniform Probate Code adopted — more streamlined probate
- 3
Small estate affidavit available for estates under $50,000
- 4
Transfer-on-death deeds available for real property
- 5
TOD designations available on financial accounts and vehicles
What makes Indiana different
Every state has quirks that can trip you up. These are the considerations that are specific to Indiana— and the ones most people don't find out about until it's too late.
Indiana eliminated its inheritance tax in 2013 — no tax between spouses, parents, or children
Agricultural land succession is a significant issue in rural Indiana counties
TOD deeds and account designations can handle many modest Indiana estates without a trust
Indiana's Medicaid estate recovery rules affect seniors planning for long-term care
Documents most used in Indiana
These are the documents Indiana families rely on most. Having them in place gives your family clarity and protects your wishes.
Last Will and Testament
Transfer-on-Death Deed
Health Care Representative Appointment
Living Will Declaration
Durable Power of Attorney
Start documenting your legacy
No matter what state you live in, the most important step is starting. Our AI-guided tools help you create the documents your family needs — in plain language, at your own pace.
Frequently asked questions about estate planning in Indiana
Does Indiana have a state estate tax?
No — Indiana repealed its estate tax in 2013. The federal estate tax applies only to estates exceeding $13.61 million (2024). Indiana also repealed its inheritance tax in 2013, making it very estate-planning-friendly.
How does Indiana probate work?
Indiana probate is handled by the Circuit or Superior Court in each county. Indiana has an unsupervised administration option for most estates, which is less expensive and faster than supervised administration. Small estates may use a summary administration procedure.
Can Indiana residents use a transfer-on-death deed?
Yes — Indiana's Transfer on Death Property Act allows real property to be transferred to named beneficiaries without probate. The deed must be recorded before death. The beneficiary has no rights to the property until the owner dies and the deed becomes effective.
What are Indiana's rules on dying without a will (intestate succession)?
If you die without a will in Indiana, your assets pass to your spouse and children under a specific formula. Notably, Indiana gives your surviving spouse only half your estate if you also have children — the other half goes to your children. A will ensures your spouse is fully provided for.
Ready when you are
Your family deserves clarity.
AI-guided tools that walk you through every document, step by step — no attorney required to get started, no blank pages staring back at you.
Start for $9.99/monthCancel anytime. Browser-first privacy.
Nearby state guides
Important disclaimer
This content is for general informational purposes only and does not constitute legal, tax, or financial advice. It was created with the assistance of AI and may contain inaccuracies. State laws change frequently — always consult a qualified attorney or financial advisor in Indiana before making estate planning decisions.