1Immediate Actions
The first days
First: Get Death Certificates
Required for everythingIndiana Department of Health - Vital Records
Certified Indiana death certificates are issued by the Indiana Department of Health Vital Records and by local health departments. At the state office a death certificate costs $8 for the first certified copy and $4 for each additional copy purchased in the same order; local health department fees vary. Spencer County families typically order from the local health department where the death occurred (often faster) or from the state Vital Records office; the courts and the county clerk do not issue death certificates. Verify current fees and identification requirements before ordering.
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 the will after death; however, a will generally may not be admitted to probate unless presented within three years after the individual's death (IC 29-1-7-15.1(g)), and estate real property generally may not be sold to pay unsecured debts or administration costs unless administration is sought within five months after death and letters issue within seven months (IC 29-1-7-15.1(b)). Verify will-delivery practice and deadlines with the county clerk. (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, wherever located, less liens, encumbrances, and reasonable funeral expenses, does not exceed $100,000 (for an individual who dies after June 30, 2022; $50,000 for deaths after June 30, 2006 and before July 1, 2022), at least 45 days have elapsed since death, and no personal representative has been appointed or applied for in any jurisdiction. The affidavit is presented directly to the bank, transfer agent, insurer, BMV, or other holder of the asset; no probate case is opened and no court filing fee is paid. Verify eligibility and the holder's preferred form before use.
- Qualifies:
- $100,000
When a decedent's 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 the costs of administration and reasonable funeral expenses, the personal representative may, without giving notice to creditors, disburse and distribute the estate to the persons entitled to it and close by filing a verified closing statement (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 (IC 29-1-8-3). Verify eligibility with the court.
- Qualifies:
- $100,000
The personal representative (executor with a will, administrator without) petitions the court exercising probate jurisdiction for probate of the will and letters testamentary, or for letters of administration, 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 with a final account (supervised) or a verified closing statement (unsupervised administration under IC 29-1-7.5, available when the estate is solvent and the heirs consent or the will authorizes it). Verify bond, notice, inventory, 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
Spencer County Clerk's Office (probate filing office) can help you understand forms and filing requirements at no cost.
Visit Self-Help Center