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Indiana runs probate through Superior or Circuit Court depending on the county. A surviving spouse who takes against the will generally receives one-half of the net estate. Small estate procedures are available for estates up to $100,000.
Content updated: October 2026
State-specific rules that affect how an estate is handled here.
A surviving spouse who takes against the will generally receives one-half of the net estate. A later childless spouse receives less when the deceased had children from an earlier marriage.
Indiana probate runs through Superior Court or Circuit Court depending on the county. A small estate affidavit is available for estates up to $100,000.
Indiana has its own income tax. A final state return must be filed. If the deceased was a state employee (PERF) or teacher (TRF), survivor benefits need to be claimed separately.
Vehicle title transfers in Indiana go through the Bureau of Motor Vehicles. Submit the title with estate documentation to your local BMV office.
These are just a few of the Indiana-specific tasks Order surfaces automatically when you select your state.
Small estate affidavit for estates up to $100,000. Which court handles probate (Superior or Circuit) varies by county.
A surviving spouse who takes against the will generally receives one-half of the net estate. A later childless spouse receives less when the deceased had children from an earlier marriage.
Indiana provides a homestead allowance and family allowance paid before most creditors — these are often overlooked because they don't appear in the will and must be claimed during administration.
Plus dozens more tasks across all 8 categories: funeral arrangements, digital accounts, dependents, and more.
Deeper reading
Probate rules vary significantly by state. Our full guide explains the process, timelines, and how to avoid common delays in Indiana.
Military families in Indiana
Indiana-specific
These tasks appear automatically in your checklist when you select Indiana as your state.
File in Superior or Circuit Court.
Surviving spouse who takes against the will generally receives one-half of the net estate
Submit title transfer application with estate documentation