Quick answer: Indiana probate attorney fees are not set by a statutory percentage. Under IC 29-1-10-13 they must be just and reasonable and are court-reviewed. In practice they run about 1.8%–2.8% of the estate, and a basic uncontested estate is often a $1,500–$5,000 flat fee; contested estates cost far more.
How Indiana probate attorneys bill
Flat fee or percentage for routine estates
Because Indiana uses a reasonableness standard, many attorneys quote a flat fee for a straightforward unsupervised estate (commonly $1,500–$5,000) or bill a small percentage of the estate. Hourly rates in Indianapolis, Fort Wayne and Evansville commonly run $250–$400/hour.
Hourly for contested or complex
Will contests, creditor litigation, business or out-of-state property (which needs ancillary probate) push fees to hourly billing and much higher totals.
Do you even need an attorney?
For a small estate affidavit, usually not. For a full estate, Indiana's unsupervised administration is manageable but most people use a lawyer. Consider one when:
- The estate is large or includes real property or a business.
- There is out-of-state property (ancillary probate).
- Heirs disagree, or the will may be contested.
- There are significant creditor claims.
How to keep Indiana probate attorney fees down
- Ask for a flat fee for a routine unsupervised estate, in writing.
- Check the small estate affidavit first ($100,000 personal property) — no court, no fee.
- Use unsupervised administration to cut billable court steps.
- Plan with a trust or TOD — a revocable living trust avoids Indiana probate entirely.
Attorney fees are only one piece. See the full picture in the Indiana probate cost breakdown, or estimate your total with the Indiana probate cost calculator.
A local probate attorney can review your estate — many offer a free consultation.