Where the estate is opened.
Only if the statute's conditions are met. Read the section below.
See the tax section for the exemption or the repeal.
Living trust or probate
A revocable living trust holds assets you title in the trustee's name. You can serve as trustee while you are able.
At death, the successor trustee handles those assets. Property you leave in your own name can still go through the probate court. A pour-over will sends leftover assets into the trust, and those leftover assets may pass through probate first.
The probate path
In Indiana, the estate is opened in the Court having probate jurisdiction.
Proceedings under the Indiana Probate Code are heard by a court having probate jurisdiction. A person aggrieved by a decision of that court in a proceeding under the article may appeal. When no compensation is provided in the will, or the personal representative renounces the will's compensation, the personal representative is allowed such compensation as the court deems just and reasonable. An attorney performing services for the estate at the instance of the personal representative is paid out of the estate such compensation as the court deems just and reasonable.
Source: IC 29-1-1-22, Appeals
Fees
In Indiana, probate compensation is a statutory commission.
IC 29-1-10-13 states that the personal representative "shall be allowed such compensation for his services as the court shall deem just and reasonable," and that an attorney performing services at the instance of the personal representative "shall have such compensation therefor out of the estate as the court shall deem just and reasonable." The statute states just and reasonable compensation and does not set a percentage schedule.
Source: IC 29-1-10-13, Compensation; attorney's services
Small estate
Indiana's small-estate figure on this page is $100,000 when the statute's conditions are met.
IC 29-1-8-1 requires a person indebted to the decedent, or holding the decedent's personal property or an instrument evidencing a debt, obligation, stock, or chose in action, to pay or deliver that property to a distributee 45 days after death upon an affidavit. The affidavit must state that the value of the gross probate estate, wherever located, less liens, encumbrances, and reasonable funeral expenses, does not exceed $100,000 for the estate of an individual who dies after June 30, 2022, and that 45 days have elapsed since the death.
Source: IC 29-1-8-1, Small estates; payment upon presentation of affidavit
Estate or inheritance tax
Indiana has no current estate tax on the page linked below.
The Indiana Department of Revenue states that effective January 1, 2013, House Enrolled Act 1001 (2013) repealed the inheritance tax, the estate tax, and the generation skipping tax. The repeal of the inheritance tax applies to a decedent whose death occurs after December 31, 2012.
Questions
The answers use the same statute and court pages as the sections above.
Does a living trust avoid probate in Indiana?
A revocable living trust holds the assets you title in the trustee's name. The successor trustee handles those assets. Property still titled in your own name can be a probate matter. A pour-over will can send leftover assets into the trust, and those leftover assets may still pass through probate first.
What is the small-estate procedure in Indiana?
IC 29-1-8-1 requires a person indebted to the decedent, or holding the decedent's personal property or an instrument evidencing a debt, obligation, stock, or chose in action, to pay or deliver that property to a distributee 45 days after death upon an affidavit. The affidavit must state that the value of the gross probate estate, wherever located, less liens, encumbrances, and reasonable funeral expenses, does not exceed $100,000 for the estate of an individual who dies after June 30, 2022, and that 45 days have elapsed since the death.
How are probate fees set in Indiana?
IC 29-1-10-13 states that the personal representative "shall be allowed such compensation for his services as the court shall deem just and reasonable," and that an attorney performing services at the instance of the personal representative "shall have such compensation therefor out of the estate as the court shall deem just and reasonable." The statute states just and reasonable compensation and does not set a percentage schedule.
Does Indiana tax an estate or an inheritance?
The Indiana Department of Revenue states that effective January 1, 2013, House Enrolled Act 1001 (2013) repealed the inheritance tax, the estate tax, and the generation skipping tax. The repeal of the inheritance tax applies to a decedent whose death occurs after December 31, 2012.
Sources
These are the statute and court pages used above.