How does probate work in Indiana?

1. Governing Code. Indiana Code Title 29 (Probate). Indiana has not formally adopted the UPC although its code shares many features.

2. Court. Circuit Court or Superior Court (Probate Division in larger counties) in the county of the decedent's domicile (Ind. Code § 29-1-7-1).

3. Petition to Open. Petition for Probate of Will and Issuance of Letters Testamentary (or Letters of Administration if intestate) filed under Ind. Code § 29-1-7-5 by the named executor or interested person.

4. Letters Testamentary / Letters of Administration. Issued under Ind. Code § 29-1-10-1 after appointment, oath, and bond unless waived in the will.

5. Notice to Creditors. Published once a week for 3 consecutive weeks under Ind. Code § 29-1-7-7. Direct notice to known creditors. Creditor claim deadline is 3 months from first publication, or 9 months from death (whichever is earlier) under Ind. Code § 29-1-14-1.

6. Inventory. Filed within 60 days of appointment under Ind. Code § 29-1-12-1 or made available to interested persons.

7. Independent / Unsupervised Administration. Indiana offers Unsupervised Administration under Ind. Code § 29-1-7.5-1 when the will so directs or all heirs consent, allowing the personal representative to act without court approval for most actions.

8. Small-Estate Procedure. Small Estate Affidavit under Ind. Code § 29-1-8-1 for gross probate estates (less liens and encumbrances) not exceeding $100,000, available 45 days after death.

9. Closing. Unsupervised: Closing Statement under Ind. Code § 29-1-7.5-4. Supervised: Final Account and Petition to Settle and Allow under Ind. Code § 29-1-16-1.

10. Probate Avoidance. Indiana Transfer on Death Deed under Ind. Code § 32-17-14 (Transfer on Death Property Act), revocable living trust, joint tenancy with right of survivorship, tenancy by the entirety, POD/TOD accounts, beneficiary designations.

This is legal information, not legal advice.