How probate costs work in Indiana
Probate in Indiana runs through the Circuit or Superior Court of the county where the person lived — Marion (Indianapolis), Lake (Gary/Hammond), Allen (Fort Wayne), Hamilton (Carmel), St. Joseph (South Bend), and the state's 92 counties. Indiana's standout feature is unsupervised administration, which lets most personal representatives settle the estate with minimal court involvement — keeping costs low.
Indiana is one of the cheaper states for probate: the court fee is a flat, low amount and there is no state estate or inheritance tax.
1. Personal representative fee — reasonable, no %
In practice, Indiana personal representative and attorney fees together often run about 2%–4% of the estate. Family members who are also heirs frequently waive the fee, since it is taxable income while an inheritance is not.
2. Attorney fees — also reasonable
Under the same statute, the estate attorney is paid "just and reasonable" compensation from the estate, court-reviewed. Typical routine attorney fees run about 1.8%–2.8% of the estate, or an hourly rate; a basic uncontested estate is often a $1,500–$5,000 flat fee.
3. Court filing & other costs
Indiana's court filing fee is a flat $177 statewide — a $120 probate costs fee (IC 33-37-4-7) plus $57 of statutory add-on fees — not a percentage of the estate. Add notice-to-creditors publication, certified Letters, and a bond premium (~0.5%/year) only if the court requires one.
4. When probate can be skipped in Indiana
- Small estate affidavit — for a gross probate estate (less liens, encumbrances and reasonable funeral expenses) of $100,000 or less, starting 45 days after death (IC 29-1-8-1). It is presented to the bank or asset holder, not filed with a court — so it costs nothing. The limit rose from $50,000 to $100,000 on July 1, 2022.
- Passage-of-title (devolution) affidavit — can transfer real estate without full probate if filed with the county recorder before a personal representative is appointed.
A revocable living trust, joint ownership, or transfer-on-death designations avoid probate entirely. Note: Indiana has no estate tax and no inheritance tax (repealed for deaths after 2012).
| Cost component | Indiana figure | Source |
|---|---|---|
| Personal representative fee | Reasonable (no statutory %); ~2–4% | IC 29-1-10-13 |
| Attorney fee | Reasonable; ~1.8–2.8% or $1,500–$5,000 | IC 29-1-10-13 |
| Court filing fee | Flat $177 statewide | IC 33-37-4-7 |
| Small estate limit (personal property) | $100,000 | IC 29-1-8-1 |
| State estate / inheritance tax | None (repealed 2012) | Indiana DOR |