The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for Indiana with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.
This page is built to print. Use your browser's Print command and choose "Save as PDF" for a one-page Indiana reference. Every figure below is compiled from the statutes and state authorities listed at the bottom — the same sources cited on our Indiana probate pages.
Indiana probate fees
| Item | Indiana |
|---|---|
| Court filing fee | Under Ind. Code §33-37-4-7, the clerk collects a probate costs fee of $120 for each action filed under the probate or trust code, plus, where applicable, a document fee, a document storage fee, and an automated record-keeping fee. Total opening costs commonly run about $150–$180 depending on county. |
| Attorney fees | Indiana has no statutory fee schedule for probate attorneys. Under Ind. Code §29-1-10-13, an attorney performing services for the estate receives 'such compensation out of the estate as the court shall deem just and reasonable.' In practice this is billed hourly or as a reasonable flat fee; simple unsupervised estates are typically a few thousand dollars, with larger or contested estates costing more. |
| Executor / personal representative fees | Indiana pays the personal representative reasonable compensation, not a percentage set by statute. Under Ind. Code §29-1-10-13, compensation set in the will controls (unless the personal representative renounces it); otherwise the court allows 'such compensation for the personal representative's services as the court shall deem just and reasonable.' |
| Fee basis | reasonable |
| Appraisal / referee | Indiana does not use a statewide probate referee or state appraiser system (unlike California). The personal representative inventories and values estate assets, obtaining independent appraisals for real estate or other hard-to-value property as needed; the court reviews valuations in supervised estates. |
Worked example
On a $500,000 Indiana estate, a just-and-reasonable executor fee commonly falls around $10,000–$20,000 depending on complexity. The court has the final say on what is reasonable, and a simple estate may warrant far less.
Indiana thresholds and deadlines
| Item | Indiana |
|---|---|
| Small-estate threshold | Indiana's small-estate affidavit procedure is in Ind. Code §29-1-8-1. For decedents dying after June 30, 2022, the gross probate estate (less liens and encumbrances) must not exceed $100,000 — raised from $50,000 effective July 1, 2022. At least 45 days must have passed since death, and no personal representative may be pending or appointed. Notably, Indiana allows the affidavit to be used to claim both personal property and (uncommon among states) real estate. |
| Creditor claim period | Under Ind. Code §29-1-14-1, creditors generally must file claims within 3 months after the date of the first published notice to creditors, or the claim is barred. All claims are barred no later than 9 months after the decedent's death regardless of notice. |
| Typical duration | A routine, uncontested Indiana estate using unsupervised administration typically takes about 6 to 12 months. The personal representative can file a closing statement no earlier than 3 months after the first published notice to creditors (Ind. Code §29-1-7.5-4), and the estate closes about 3 months after that if no objections are pending. Supervised, contested, or real-estate-sale estates can run a year or more. |
| Simplified real-property transfer | Indiana is unusual in that its small-estate affidavit under Ind. Code §29-1-8-1 can transfer the decedent's real estate (not just personal property) when the $100,000 gross-estate limit and 45-day waiting period are met, avoiding a full probate to clear title. |
| Transfer-on-death deed | Indiana has the Transfer on Death Property Act, Ind. Code §32-17-14, which authorizes a transfer-on-death (TOD) deed for real estate. The owner signs and records the deed during life; it is revocable and the owner keeps full control until death, at which point the property passes to the named beneficiary outside probate. |
What passes outside Indiana probate
These transfers are not part of the estate the fees above are calculated on:
- Beneficiary designations — retirement accounts, life insurance, payable-on-death accounts.
- Joint ownership with right of survivorship.
- Transfer-on-death deed — Indiana has the Transfer on Death Property Act, Ind. Code §32-17-14, which authorizes a transfer-on-death (TOD) deed for real estate. The owner signs and records the deed during life; it is revocable and the owner keeps full control until death, at which point the property passes to the named beneficiary outside probate.
- Assets titled into a funded living trust.
Sources for this sheet
- Statutes: Ind. Code §29-1-8-1; Ind. Code §29-1-10-13; Ind. Code §29-1-7.5; Ind. Code §29-1-7.5-4; Ind. Code §29-1-14-1; Ind. Code §32-17-14; Ind. Code §33-37-4-7
- State authority: Indiana General Assembly (Indiana Probate Code, Title 29)
- Small-estate procedure: https://law.justia.com/codes/indiana/title-29/article-1/chapter-8/section-29-1-8-1/
- Attorney fees: https://codes.findlaw.com/in/title-29-probate/in-code-sect-29-1-10-13/
- Court filing fees: https://law.justia.com/codes/indiana/title-33/article-37/chapter-4/section-33-37-4-7/
- Creditor claim period: https://codes.findlaw.com/in/title-29-probate/in-code-sect-29-1-14-1/
- Transfer-on-death deed: https://law.justia.com/codes/indiana/title-32/article-17/chapter-14/section-32-17-14-11/
Compiled August 15, 2026 from the sources listed above. Fee schedules, thresholds, and court costs are amended by legislatures and courts — confirm each figure against the cited statute or the Indiana court before relying on it.
The full Indiana guides
-
How Much Does Probate Cost in Indiana? — the full cost breakdown.
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How Much Does an Executor Get Paid in Indiana? — the fee rule in detail.
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How Long Does Probate Take in Indiana? — the timeline and its statutory floor.
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How to Avoid Probate in Indiana — the transfers that pass outside it.
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How Much Does a Will Cost in Indiana? — execution requirements and pricing.
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This sheet sets out Indiana probate figures as published at the time of compilation. It is not legal advice. Figures and statutes change and their application depends on the specific estate. Confirm current figures with the Indiana courts or a licensed Indiana attorney.