Indiana Probate Attorneys

Indiana splits in two. The IC 29-1-8-1 small-estate affidavit and the summary distribution that follows it are genuinely do-it-yourself: the affidavit goes to the bank or the BMV, not a judge. Opening a full estate in the circuit or superior court is different: no statute requires counsel, but courts treat a non-lawyer representative acting for other heirs as unauthorized practice, so opened estates are attorney-run in practice.

• Small estates: the holder of a decedent's property pays or delivers it upon presentation of an affidavit, with no administration opened, under IC 29-1-8-1. (Ind. Code § 29-1-8-1)
• Opened estates: whether a self-represented personal representative may run a full supervised or unsupervised administration without counsel.

Start by asking whether the estate needs to be opened at all: the affidavit lane covers qualifying estates with no court case. Once a case is opened, plan on counsel.

Governing authority: No counsel mandate in the Indiana Probate Code; the IC 29-1-8 affidavit lane dispenses with administration entirely, while courts treat a non-lawyer running an opened estate for other heirs as unauthorized practice. Verified August 22, 2026.

Indiana has no statutory attorney-fee schedule for an ordinary estate; firms bill by the hour, a flat fee, or a percentage they set themselves. The $3,000 to $7,250 figure is a Settled Estate estimate built from a stated hours band and the state's average attorney hourly rate, not a quote; a contested estate or one with real property runs higher.

Court costs are separate. Estimate them with the Indiana fee calculator, and see how Indiana compares in the cost of probate by state study.