How Probate Works in Indiana
Indiana raised its small-estate threshold to $100,000 for deaths after June 30, 2022 — but which figure applies depends entirely on the date of death, not the date of filing, a real trap worth checking carefully.
Probate court
Circuit or Superior Court (varies by county; Probate Division of the Marion Superior Court in Marion County)
Typical timeframe
6–12 months typical; small estates can close in weeks
Small-estate affidavit limit
$100,000
Simplified probate limit
$100,000
Creditor claim deadline
90 days
Community property state
No
Does Indiana require probate?
Probate is generally required for solely-titled assets above the small-estate thresholds. There's no single statewide court name — most counties use Circuit or Superior Court, while Marion County (Indianapolis) has a dedicated Probate Division.
How to avoid full probate in Indiana
- Small-estate affidavit — a true out-of-court affidavit for personal property up to $100,000, available 45 days after death, presented directly to whoever holds the asset.
- Summary procedure — a distinct, court-based unsupervised closing option, sharing the same $100,000 figure but requiring a case to be opened, just with reduced notice and accounting requirements.
- The $100,000 cap applies only to deaths after June 30, 2022 — earlier deaths fall under a $50,000 or $25,000 cap depending on exactly when the death occurred.
The probate process in Indiana
Most counties handle probate through Circuit or Superior Court; Marion County routes it through the Probate Division of the Marion Superior Court.
Creditor claims in Indiana
Creditors must present claims within 3 months of first published notice, or within an absolute outer limit of 9 months from the date of death if no notice was published — both are hard bars, not merely a fiduciary safe harbor.
Let Estate Assist handle the rest
Estate Assist reads the estate's documents, builds a personalized checklist, and drafts the letters you need — so you're not piecing this together alone.
Start your free action plan →Frequently asked questions
Which threshold applies to my parent's estate — $50,000 or $100,000?
It depends entirely on the date of death, not the date you file — $100,000 applies only to deaths after June 30, 2022. Earlier deaths fall under the older $50,000 or $25,000 caps.
What happens if there's no will?
Indiana's intestacy statute controls distribution, and the court appoints an administrator to handle the estate.
Do I need to go to court to use the small-estate affidavit?
No — the affidavit is a true out-of-court process, presented directly to banks or other asset holders. The separate summary procedure does require opening a court case.
Related guides
Probate in other states
Indiana figures checked against Indiana Courts — Legislative Update: Small Estates on July 22, 2026. Probate rules, thresholds, and deadlines change and are frequently adjusted for inflation; confirm current figures before relying on them. Estate Assist provides general information, not legal, financial, or tax advice.