Indiana

At a Glance

Filing Requirements

In Indiana, death records must be submitted to the state within 15 days of death. Since January 1, 2011, the person responsible for filing the death certificate must use the state-created electronic database, the Indiana Death Registration System.

Definition of a Death Certificate

An Indiana 'death certificate' is defined as a certified copy of a death record that includes the state registrar's signature and the seal of the state of Indiana.

Who Can Obtain a Death Certificate

Certified copies of death certificates are generally available to immediate family members or those with a direct, tangible interest in the record. This includes parents, children, spouses, and legal representatives.

How do I get a death certificate in Indiana?

Order certified copies from Indiana's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Order at least 10: banks, insurers, and agencies each want their own certified copy.

At a Glance

Probate Process Overview

Probate in Indiana is the legal process of proving a will, if one exists, and administering the estate of a deceased person. This involves collecting assets, paying debts and taxes, and distributing the remaining property to heirs or beneficiaries. The process typically takes six months to a year.

Small Estate Affidavit

Indiana law allows for a simplified probate process for small estates. If the value of the decedent's personal property, less liens and encumbrances, does not exceed "$100,000" (as of 2022), a small estate affidavit can be used to transfer property without formal probate. This threshold is subject to change by legislative action.

Intestate Succession

If an Indiana resident dies without a valid will, their assets will be distributed according to Indiana's laws of intestate succession. Generally, the surviving spouse and children are the primary heirs. If there is no spouse or children, other relatives such as parents or siblings may inherit.

How long does probate take in Indiana?

A straightforward Indiana probate typically runs six months to a year, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.

What is the small-estate limit in Indiana?

$100,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Indiana?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does Indiana allow transfer-on-death deeds?

Yes. Indiana authorizes the transfer on death deed under Ind. Code § 32-17-14 (Transfer on Death Property Act); TOD deeds at § 32-17-14-11. Record it while you are alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. The deed must be recorded in the county recorder's office before the owner's death; Indiana's act is homegrown (2009), not the uniform act, and also covers TOD titling of other property.

Source: Ind. Code § 32-17-14 (Transfer on Death Property Act); TOD deeds at § 32-17-14-11 ↗

Die without a will in Indiana and this law picks your heirs.

If you die intestate (without a valid will) in Indiana, Ind. Code § 29-1-2-1 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted does not matter. Only a signed will changes these defaults.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

• –Spouse only (no descendants or parents): the spouse takes the entire net estate.
• –Spouse + parents (no descendants): three-fourths to the spouse, one-fourth to the parents.
• –Spouse + joint descendants: one-half to the spouse, one-half to the children.
• –Spouse + blended family: one-half, unless the spouse is a childless second spouse and the children are from a prior spouse, then the spouse gets half the personal property but only a sum equal to 25% of the net value of the real estate, which vests in the children.
• –Source: Ind. Code § 29-1-2-1

Children's shares.

With no spouse, the issue take everything, equally if all in the same degree, with remoter descendants taking by representation.

No spouse, no children: the line of succession.

With no spouse or issue, parents and siblings share equally (each parent guaranteed at least one-fourth, and a deceased sibling's issue take by representation); then issue of siblings; then grandparents equally; then aunts and uncles and their issue per stirpes; and with none of those, the estate goes to the state.

At a Glance

Types of Advance Directives

Indiana law recognizes several types of advance directives, including Living Wills, Health Care Powers of Attorney, and Out-of-Hospital Do Not Resuscitate (DNR) Orders. These documents allow individuals to make decisions about their future medical care.

Legal Requirements

As of January 1, 2023, Indiana law permits any form or documentation for an advance directive, provided it meets specific legal requirements. To be legally valid, an advance directive must be signed by the declarant (the person making the directive) and witnessed. While not always required, notarization is often recommended.

Purpose of Advance Directives

An advance directive is a legally binding document that gives instructions for your healthcare in the event that you are no longer able to make or communicate decisions. It ensures your wishes regarding medical treatment are respected.

Where do I get Indiana's advance directive form?

The controlling law is Ind. Code § 16-36-7-28 (Health Care Advance Directives), linked as this section's source. Most people use the free statutory form: Indiana's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does Indiana require a notary or witnesses for an advance directive?

Indiana requires 2 adult witnesses; notarization is not required. Anyone 18 or older of sound mind can make one.

At a Glance

Cremation Waiting Period

Indiana law mandates a 48-hour waiting period after death before a cremation can proceed. However, this waiting period may be waived by the local health officer under certain circumstances.

Casket Requirements for Cremation

A crematory authority in Indiana cannot require that human remains be placed in a casket before cremation, nor can they require that human remains be cremated in a casket. Alternative containers are permitted.

Disposition of Cremated Remains

Cremated remains may be kept by the person legally entitled to them or disposed of by placing them in a grave, crypt, or niche, or by scattering them in a designated scattering garden or other lawful location. Indiana law requires the final disposition of ashes to be documented and filed within 10 days.

Burial Requirements

While Indiana law does not require embalming or a casket for burial, it does mandate that burials occur in established cemeteries or other legally designated areas. It is illegal to disturb the ground for the purpose of discovering or removing human remains without proper authorization.

At a Glance

Indiana Inheritance Tax Repealed

Indiana repealed its inheritance tax effective January 1, 2013. This means that estates of individuals who died on or after this date are not subject to a state-level inheritance tax in Indiana.

Federal Estate Tax

Despite the absence of a state inheritance tax, Indiana residents are still subject to the federal estate tax. For deaths occurring in 2026, the federal estate tax exemption is $15 million per individual ($30 million for married couples). Estates exceeding this amount may be subject to federal estate tax at a rate of 40%.

Does Indiana have an estate tax?

No. Indiana has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.

Does Indiana have an inheritance tax?

No. Indiana does not tax inheritances. Heirs owe no state tax on what they receive.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

Uniform Anatomical Gift Act

Indiana has adopted the Uniform Anatomical Gift Act (UAGA), which governs the donation of organs, tissues, and eyes. This act allows individuals to make an anatomical gift for transplantation, therapy, research, or education.

Making an Anatomical Gift

An anatomical gift can be made by an individual through a will, an advance directive, or by indicating their intent on their driver's license or state identification card. The gift can be made to specific donees, such as hospitals or accredited organ procurement organizations.

Prohibition of Sale

Federal and state laws strictly prohibit the sale or purchase of human organs and tissues. All anatomical donations are considered a voluntary and extraordinary gift.