How Probate Works After a Death in Indiana

Indiana’s small estate threshold doubled in 2022, and a common point of confusion around the state’s now-repealed inheritance tax is worth clearing up directly.

Where is probate handled in Indiana?

Probate is handled through the county Circuit or Superior Court, depending on the specific county’s court structure.

What is the current small estate affidavit threshold?

Indiana’s small estate affidavit threshold increased from $50,000 to $100,000 for deaths occurring after June 30, 2022 (IC 29-1-8-1). This is a genuinely important date-of-death distinction: an estate for someone who died before that date is still governed by the older $50,000 limit, even though the law has since changed. See our companion piece explaining this process in more depth.

Does this cover real estate?

No - the small estate affidavit covers personal property only. Real estate requires a separate process, such as a transfer-on-death deed set up in advance, or full probate.

Does Indiana have a state estate or inheritance tax?

No - Indiana repealed its state inheritance tax some years ago and does not currently have a state estate tax either - a common point of confusion for families who remember the older inheritance tax rules from before the repeal.

What should I do next?

Confirm the exact date of death before assuming which threshold applies - $100,000 for deaths after June 30, 2022, or $50,000 before that. If real estate is involved, look into whether a transfer-on-death deed was set up in advance, since the affidavit itself can’t reach it.

Add this to your Final Day Plan: whether you’d want to set up a transfer-on-death deed for any real estate you own - it’s a straightforward way to keep that property out of probate entirely, since Indiana’s small estate affidavit can’t cover it.

Indiana law can change, and specific circumstances vary considerably. This is general educational information, not legal advice - consult an Indiana-licensed attorney for guidance specific to your situation.