Estate Law · Indiana
Indiana estate planning rules
State-specific rules that affect how your estate is distributed, how probate works, and what planning steps matter most for Indiana residents.
- Indiana intestacy gives the spouse one-half if descendants survive, three-quarters if no descendants but parents surviveIN intestacy: spouse takes 1/4 of real property when prior-relationship descendants exist (vs. 1/2 with mutual). Real and personal property treated differently.
- Indiana requires two competent witnesses for will executionIndiana will requires testator's signature and two competent witnesses signing in the testator's presence. No holographic wills generally recognized.
- Indiana small-estate affidavit handles personal property up to $100,000 without probateIndiana small-estate affidavit allows personal property collection up to $100,000 without probate. 45-day waiting period.
- Indiana's Power of Attorney Act provides default-durable POAsIndiana POAs are durable by default under the Power of Attorney Act. Hot powers require express enumeration. Third-party acceptance protections apply.
- Indiana transfer-on-death deed transfers real property without probateIndiana TOD deed transfers real property to named beneficiary at death without probate. Recorded during owner's lifetime. Adopted in 2009.
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Check your situationThis information is educational, not legal advice. For complex situations, consult a licensed Indiana attorney.