1Immediate Actions
The first days
First: Get Death Certificates
Required for everythingIndiana Department of Health - Division of Vital Records
Certified Indiana death certificates are issued by the Indiana Department of Health Division of Vital Records ($8 for the first certified copy and $4 for each additional copy of the same record in the same order at the state office). Order by mail using State Form 49606, or by phone or online through VitalChek at (866) 601-0891 (an added service fee applies). For faster walk-up service, order from the local health department in the county where the death occurred; local health department fees vary. Grant County families typically order through the local health department or the state Division of Vital Records; the courts do not issue death certificates.
Secure the Property
- Lock the residence and secure valuable items
- Forward mail to a responsible family member
- Make a list of what you find (don't throw anything away yet)
Locate Important Documents
2Required by Law
Legal duties
Deposit the Will
The original will is presented to the court with the petition for probate; Indiana sets no fixed statutory day count for a custodian to deliver a will after death. A will generally may not be admitted to probate more than three years after the individual's death (IC 29-1-7-15.1(g)), and real property generally may not be sold to pay unsecured debts or administration costs unless administration is sought within five months after death with letters issuing within seven months (IC 29-1-7-15.1(b)). Verify will-presentation timing and original-will handling with the court. (IC 29-1-7-15.1)
Creditor claim window
Creditors generally have 3 months from first published notice to creditors to bring claims against the estate. (IC 29-1-14-1; IC 29-1-7-7)
Notify Key Parties
- Banks and credit card companies (to prevent unauthorized use)
- Social Security Administration (1-800-772-1213)
- Employer (if applicable) for final paycheck and benefits
3Assess Your Situation
Before filing anything
Which probate type is right for you?
Small estate? If the estate is worth less than the Indiana small-estate limit (shown on the options below), you may qualify for simplified procedures.
Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.
Complex assets? Business interests, real estate in multiple states, or contested claims may require probate administration.
Select a probate type below to see specific requirements and costs.
Which applies to your situation?
Not sure? Use the free checker at the top of this page - you don't have to decide this alone.
Indiana's small estate procedure lets a distributee collect personal property, accounts, and other assets by affidavit when the value of the gross probate estate, less liens, encumbrances, and reasonable funeral expenses, does not exceed $100,000 (for deaths after June 30, 2022; $50,000 for deaths after June 30, 2006 and before July 1, 2022), at least 45 days have passed since death, and no personal representative has been appointed or sought. The affidavit is presented directly to the holder of the property; no court filing is required. A vehicle or watercraft title may be transferred through the BMV after 5 days (IC 29-1-8-1(c)).
- Qualifies:
- $100,000
When the gross probate estate, less liens and encumbrances, does not exceed the small-estate limit for the date of death ($100,000 for deaths after June 30, 2022) plus administration costs and reasonable funeral expenses, a court-appointed personal representative may disburse and distribute the estate without giving notice to creditors and close by filing a verified closing statement under IC 29-1-8-4. If the estate includes real property, an affidavit with the legal description and each person's share may be recorded with the county recorder. Verify eligibility with the court.
- Qualifies:
- $100,000
The personal representative (executor with a will, administrator without one) is appointed by the court and receives letters, prepares a verified inventory within two months of appointment (IC 29-1-12-1), publishes notice of administration to creditors, pays valid claims, and closes the estate. Under IC 29-1-7.5 the court may grant unsupervised administration when the estate is solvent and the heirs (or the will) consent, closing with a verified closing statement instead of a court-approved final account. Verify bond, notice, and closing requirements with the court.
- Qualifies:
- Larger estates, or when no simplified option fits
The personal representative (executor with a will, administrator without) is appointed by the court, prepares a verified inventory within two months, publishes notice of administration to creditors, pays valid claims, and files a final account and petition to settle. The court approves major steps such as real estate sales and final distribution.
- Attorney:
- not required by law, though many families use one
Many Indiana courts require or strongly expect counsel for supervised estates by local rule; verify with the county court.
Documents you'll need:
- Certified Death Certificate
- Original Will
- Petition for Probate of Will and Issuance of Letters (or Appointment of Administrator)
- Verified Inventory
- Notice of Administration to Creditors (Publication)
- Final Account or Verified Closing Statement
Under IC 29-1-7.5, the court may grant administration without court supervision when the estate is solvent, the personal representative is qualified, and either all heirs (or devisees and legatees) consent or the will authorizes unsupervised administration and the will does not request supervision. The personal representative still opens the estate, gives notice to creditors, prepares an inventory, and closes with a verified closing statement, but without ongoing court approval of routine acts. A bond is generally not required unless the will requires one or the court finds one necessary (IC 29-1-7.5-2.5).
Documents you'll need:
- Certified Death Certificate
- Original Will
- Petition for Probate of Will and Issuance of Letters (or Appointment of Administrator)
- Verified Inventory
- Notice of Administration to Creditors (Publication)
- Final Account or Verified Closing Statement
Indiana's small estate procedure allows a distributee to collect personal property, bank accounts, securities, insurance payable to the estate, safe deposit box contents, and digital assets by affidavit when the value of the gross probate estate, wherever located, less liens, encumbrances, and reasonable funeral expenses, does not exceed the limit for the decedent's date of death ($100,000 for deaths after June 30, 2022; $50,000 for deaths after June 30, 2006 and before July 1, 2022; $25,000 for deaths before July 1, 2006), 45 days have elapsed since death, and no application or petition for a personal representative is pending or granted in any jurisdiction. A motor vehicle or watercraft title may be transferred through the BMV after only 5 days when no personal representative is contemplated (IC 29-1-8-1(c)).
- Qualifies:
- $100,000
The dollar limit is banded by DATE OF DEATH in the statute text itself (last changed by P.L.151-2022, effective July 1, 2022). It is not CPI-indexed and has no scheduled next adjustment; any change requires legislation. The affidavit is presented directly to the holder of the property; no court filing is required.
Documents you'll need:
- Certified Death Certificate
- Small Estate Affidavit
4File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
Grant County Clerk of the Circuit Court (probate filings) can help you understand forms and filing requirements at no cost.
Visit Self-Help Center