Indiana living trusts & estate documents

Living trust law in Indiana

A revocable living trust holds your home, accounts, and other property during your life — you stay in full control as trustee and can change or revoke it any time — then passes it to your beneficiaries without probate when you're gone. In Indiana, trusts are governed by the Indiana Trust Code, IC 30-4.

Avoiding probate in Indiana

Probate in Indiana is governed by the Indiana Probate Code, IC 29-1 and handled by the Circuit and Superior Courts. Indiana allows unsupervised administration.

Small estate affidavit available for estates of $100,000 or less (deaths after June 30, 2022). That simplified procedure is set out in Small estate affidavit, IC 29-1-8-1. A funded living trust passes outside probate entirely, whatever the size of the estate — which is why Indiana homeowners in particular set one up. Indiana also authorizes a transfer-on-death deed (Ind. Code § 32-17-14) to pass real estate outside probate — a living trust does the same for every asset, not just real estate.

In Indiana, creditors generally have 3 months after the first published notice, with a 9-month absolute bar from death to file claims against the estate (Ind. Code § 29-1-14-1) — one reason court probate takes time that a funded trust avoids.

Estate and inheritance tax in Indiana

Indiana imposes no estate tax and no inheritance tax: Indiana repealed its inheritance tax (2013); no estate tax. The separate federal estate tax reaches only estates above $15 million per person (2026, adjusted yearly), so most families never owe it.

Protecting a surviving spouse in Indiana

A surviving spouse in Indiana who is left out of the will can instead claim an elective share of one-half of the net estate under Ind. Code § 29-1-3-1 — a protection the will itself cannot override.

Indiana also sets aside a survivor's allowance of $25,000 for a surviving spouse and minor children (Ind. Code § 29-1-4-1), protected ahead of most creditors.

Signing your Indiana documents

1. Sign the living trust. Executed and acknowledged before a notary.
2. Sign the will. Two witnesses; notarized self-proving affidavit included (standalone and pour-over wills).
3. Sign the power of attorney. Sign your Durable Power of Attorney before a Notary Public.
4. Sign the health care documents. Sign your Advance Health Care Directive before a Notary Public.
5. Follow your package instructions. Your package includes page-by-page signing instructions written for Indiana — follow those as the authoritative guide.

Serving all of Indiana

Answer the questionnaire from anywhere in Indiana and download your completed documents in minutes: Indianapolis, Fort Wayne, Evansville, Fishers, South Bend, Carmel, Bloomington, Hammond, Noblesville, Lafayette, Gary, Muncie, and every community in between.