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    Indiana guide

    What to do when someone dies in Indiana

    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

    What's unique in Indiana

    State-specific rules that affect how an estate is handled here.

    Strong spousal share rights

    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.

    Superior or Circuit Court probate

    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.

    State income tax and PERF/TRF

    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.

    BMV vehicle transfer

    Vehicle title transfers in Indiana go through the Bureau of Motor Vehicles. Submit the title with estate documentation to your local BMV office.

    A glimpse at what Order covers in Indiana

    These are just a few of the Indiana-specific tasks Order surfaces automatically when you select your state.

    File for Indiana probate in Superior or Circuit CourtLegal & Estate

    Small estate affidavit for estates up to $100,000. Which court handles probate (Superior or Circuit) varies by county.

    Review Indiana spousal share rightsLegal & Estate

    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.

    Review Indiana homestead and spousal allowancesLegal & Estate

    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.

    What families commonly miss in Indiana

    • Many Indiana families don't realize they have a meaningful choice between supervised and unsupervised estate administration — supervised requires court sign-off at every step, and choosing it unnecessarily can add months to a process that could have moved quickly.
    • Families relying on older guides sometimes prepare an Indiana inheritance tax return that doesn't need to be filed — Indiana repealed its inheritance tax years ago, and submitting an outdated return causes confusion and unnecessary back-and-forth with the state.
    • Indiana families who visit the BMV without the full documentation package — title certificate, death certificate, and proof of the representative's legal authority — are turned away and have to come back, a frustrating trip that's easily avoided by calling ahead to confirm exactly what's needed.

    Deeper reading

    Probate: what families need to know

    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 has additional veteran & survivor benefits

    • Apply for Indiana property tax deduction (surviving spouse of veteran)
    • Contact Indiana Department of Veterans' Affairs

    Indiana-specific

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