Indiana Probate Checklist: Every Step in the Right Order

Managing an Indiana estate means tracking dozens of tasks across multiple government agencies, financial institutions, and statutory deadlines — while grieving. The list below organizes every required action in the order it must happen, with the relevant Indiana Code deadlines attached to each step.

This is not a shortcut to the process. It is the sequence.

Determine Which Pathway Applies First

Before doing anything else, classify the decedent's assets. This determines whether you use the simple small estate pathway or formal probate.

• [ ] List every asset owned solely in the decedent's individual name (no joint owner, no beneficiary designation, no Transfer on Death deed)
• [ ] Add up the net value of those probate-only assets (subtract known liens and encumbrances)
• [ ] If total probate assets are $100,000 or less (for deaths after June 30, 2022), you may qualify for the small estate affidavit under IC 29-1-8-1 — proceed to the Small Estate section
• [ ] If total probate assets exceed $100,000, formal probate is required — proceed to the Formal Probate section
• [ ] Note: non-probate assets (joint accounts, retirement accounts with beneficiaries, life insurance with named beneficiaries, TOD deeds, POD accounts) do not count toward the threshold

Immediate Steps (All Pathways)

These apply regardless of which administrative route you take:

• [ ] Obtain the death certificate — complete Indiana State Form 49606 and order 8–10 certified copies from IDOH ($8 first copy, $4 each additional) or your county health department
• [ ] Locate the original Last Will and Testament; check if it was deposited with the county clerk for safekeeping
• [ ] Secure the decedent's residence, vehicle(s), and valuable personal property against loss, damage, or unauthorized entry
• [ ] Notify the Social Security Administration of the death (SSA may recover the payment for the month of death)
• [ ] Contact the funeral home to confirm all death registrations have been filed with the state

Small Estate Pathway (Probate Assets Under $100,000)

Day 5 after death:

• [ ] For vehicle transfers only: complete State Form 18733 (Affidavit for Transfer of Certificate of Title for a Vehicle/Watercraft Without Administration), attach a certified death certificate, and present to Indiana BMV
• [ ] Note: Indiana BMV requires title transfer within 45 days of acquisition; a $30 late penalty applies for transfers completed after that window

Day 45 after death:

• [ ] For all other assets (bank accounts, personal property, financial accounts): execute the Small Estate Affidavit under IC 29-1-8-1 before a notary public
• [ ] Attach certified death certificate to each affidavit
• [ ] Present to each financial institution or entity holding the decedent's assets — they are legally required to release funds within 3 business days
• [ ] For real property transfer via small estate (no formal probate): prepare a separate real property affidavit meeting the exact statutory language requirements of IC 29-1-8-3(c); record it in the county recorder's office ($25 recording fee)

Formal Probate — Opening the Estate

• [ ] File a Petition for Probate of Will (or Petition for Administration if no will) in the trial court of the county where the decedent was domiciled
• [ ] Pay the filing fee — base is $177.00, plus county-specific surcharges (call the clerk to confirm exact total before filing)
• [ ] Present the original will to the court for admission to probate — must be done within 3 years of death (IC 29-1-7-15.1; missing this deadline bars the will permanently)
• [ ] Take the Oath of Personal Representative
• [ ] Post surety bond if required by the court or not waived by the will (IC 29-1-11-1)
• [ ] Receive Letters Testamentary (will exists) or Letters of Administration (no will)
• [ ] Apply for a Federal Employer Identification Number (FEIN) for the estate from the IRS

Within 1 Month of First Published Notice

• [ ] Publish Notice of Administration in a county-wide newspaper of general circulation, once per week for 2 consecutive weeks
• [ ] Send direct written notice (first-class mail) to all reasonably ascertainable creditors — review the decedent's financial records and correspondence thoroughly
• [ ] Send Notice of Administration to FSSA Estate Recovery Unit if the decedent was 55 or older at time of death (mandatory under IC 29-1-7-7(d) effective July 1, 2018) — mail to: 402 W. Washington St., W451, MS 27, Indianapolis, IN 46204
• [ ] Open a dedicated estate checking account; never commingle estate funds with personal funds

Within 2 Months of Appointment

• [ ] Complete the written estate inventory under IC 29-1-12-1 — list every probate asset with fair market value as of date of death, including all known liens and encumbrances
• [ ] Hire professional appraisers for any assets requiring expert valuation (real estate, antiques, collectibles, firearms, business interests)
• [ ] In unsupervised estates: no court filing required, but provide a copy to any interested person who requests it
• [ ] In supervised estates: file the inventory with the court

3-Month Creditor Deadline

• [ ] Mark the date exactly 3 months from first newspaper publication — creditors served with proper notice must file their claims by this date
• [ ] Creditors not filed by this deadline, and all creditors after 9 months from the date of death, are absolutely barred under Indiana law regardless of whether they received notice

Paying Debts and Taxes

• [ ] Apply Indiana's statutory payment priority (IC 29-1-14): (1) spousal allowance of $25,000 and children's allowance, (2) administration costs and funeral expenses, (3) family allowances, (4) government debts, (5) medical debts, (6) general creditors — never pay out of order
• [ ] Ensure the surviving spouse claims the $25,000 spousal allowance under IC 29-1-4-1 if applicable
• [ ] File the decedent's final personal income tax return(s) if not previously filed
• [ ] If the estate generated income during administration: file Indiana Form IT-41 (Fiduciary Income Tax Return) by the 15th day of the 4th month after the close of the estate's tax year; issue IT-41 Schedule IN K-1 to each beneficiary
• [ ] Note: Indiana has no state inheritance tax for deaths after December 31, 2012

Closing the Estate

Unsupervised Administration:

• [ ] File Verified Closing Statement under IC 29-1-7.5-4 — not before 3 months after first published creditor notice
• [ ] Statement must affirm: creditor notices published, all valid claims and taxes paid, assets distributed to rightful persons
• [ ] Wait 3 months after filing — if no objection is filed, the court's duty to audit evaporates (IC 29-1-7.5-4.5)
• [ ] Attorney for estate files proposed Order closing the estate

Supervised Administration:

• [ ] Prepare detailed line-item final accounting under IC 29-1-16 — every dollar received and disbursed
• [ ] File accounting within 1 year of appointment (unless court grants extension)
• [ ] Provide notice of hearing to all interested parties
• [ ] Interested parties must file written objections no later than 14 days before the hearing date
• [ ] Obtain court approval of accounting; execute final distribution

After the Estate Is Closed

• [ ] Distribute any remaining personal property items to heirs
• [ ] Cancel the decedent's credit cards, subscriptions, and recurring memberships
• [ ] Notify the US Postal Service to forward or hold mail
• [ ] Retain copies of all estate documents for at least 5 years

The checklist above gives you the full scope of the process. The Indiana Probate Process Guide at /us/indiana/probate/ goes deeper — Indiana-specific forms, county-level filing fee variations, the exact language required in small estate affidavits, and the decision trees for choosing between unsupervised and supervised administration when the will is silent on the matter.

See more Indiana guides →