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MORTL → State Guides → Indiana
State Guide
What Indiana law actually says about death, probate, cremation, advance directives, and estate taxes. No legal jargon. No upselling. Just what you need to know.
Someone just died in Indiana? The first 24 hours, step by step →
Guide Status
● Last reviewed August 2026
Laws change. Each section shows when it was last verified. Always confirm with a licensed Indiana attorney for your specific situation.
This is general information, not legal advice. Indiana law changes. Your situation is specific. For anything that matters, talk to a licensed Indiana attorney. Our directory doesn't list attorneys, so you'll find one on your own.
The short answer
In Indiana, estates under $100,000 can skip full probate through a simplified process or affidavit. Cremation requires a 48-hour wait. There's no Indiana estate or inheritance tax. Every figure below names its source and the date it was checked.
Reviewed August 2026 · Indiana
Someone just died in Indiana: the first 24 hours →Verified providers in Indiana →
Last verified: August 7, 2026
Source: Ind. Code § 16-37-1-3.1 (Indiana Death Registration System) ↗At a Glance
File within 5 days · Restricted for 25 years · Then public
Indiana records deaths in a state electronic database, the Indiana Death Registration System, and the law sets three deadlines of five days each rather than one overall deadline. If the funeral director or other person in charge of interment starts the record, they have to send it electronically to the physician, physician assistant, or advanced practice registered nurse last attending the deceased within five days of the death. That clinician then has five days from receiving it to certify the cause of death to the local health department. The local health officer then has five days from receiving the completed certificate to report it to the state. (Ind. Code § 16-37-1-3.1)
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.
Five days is the deadline for each handoff, so a certificate that stalls at any step delays everything you need it for. If you haven't seen a certificate two weeks after the death, call the funeral home and ask which step it's sitting at.
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.
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. Ask each bank, insurer, court, and agency whether it needs its own certified copy before you decide how many to order.
Last verified: August 9, 2026
Source: Indiana Code Title 29 (Probate); small estate affidavit at Ind. Code § 29-1-8-1 ↗At a Glance
Small estate threshold vs. national average
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.
Indiana law allows a simplified process for small estates. For anyone who died after June 30, 2022, if the gross value of the estate, less liens, encumbrances, and reasonable funeral expenses, doesn't exceed $100,000, a small estate affidavit can transfer property without formal probate. You have to wait 45 days after the death before presenting the affidavit. (Ind. Code § 29-1-8-1)
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's no spouse or children, other relatives such as parents or siblings may inherit.
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.
$100,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.
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.
No will yet, or one that's out of date? How to write a will covers what belongs in one and the signing requirements, step by step. The rules on this page are what Indiana law adds.
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’re 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 ↗
Indiana doesn't require a private employer to give bereavement leave, paid or unpaid. Whatever you get is your employer's policy, and it can be changed or refused.
Who it covers. No private employees, for bereavement. The quoted entitlement is military family leave under IC 22-2-13, which applies only to employers with at least 50 employees for each working day during at least 20 calendar work weeks (IC 22-2-13-1) and only to an absence tied to a family member's active-duty orders. Funeral leave exists in Indiana only as a state-employee personnel policy, which binds no private employer.
How much. 0 required of private employers. State executive-branch employees get up to their next three consecutive paid workdays under State Personnel Department policy, which is one employer's policy rather than a statute.
Paid or unpaid. n/a (no private mandate). The state-employee funeral leave is paid; the one statutory private-employer leave, military family leave, is unpaid.
State executive-branch employees get funeral leave by policy, not by statute. The State Personnel Department's Leaves and Absences policy (https://www.in.gov/spd/files/leaves-and-absences-policy.pdf) says "Funeral Leave allows employees to be absent for up to their next three consecutive workdays without loss of pay to attend funeral or memorial services for specified family members listed in the policy," and the same policy adds that "Documentation for Funeral Leave, if requested, is a copy of the obituary or funeral notice and the employee's statement of his/her relationship to the deceased." Private-sector employees get whatever their handbook says. Indiana also blocks local governments from adding anything: IC 22-2-16-3 bars a unit from mandating that an employer provide "a benefit," "a term of employment," "a working condition," or "an attendance, scheduling, or leave policy" that exceeds federal or state requirements, so there's no city bereavement ordinance to point at. No pregnancy-loss provision. Source link intentionally omitted: iga.in.gov serves a 691-byte React shell to every non-browser client, host-wide, so no Indiana Code URL here would open the text for a reader.
Source: None. Indiana Code Title 22 (Labor and Safety) creates no bereavement leave for private employers. Its only general private-employer leave entitlement is IC 22-2-13 (Military Family Leave). Cited inline: iga.in.gov serves no readable text to a plain client, so there is no link to give.
Yes. Indiana enforces pet trusts under Ind. Code § 30-4-2-18, so money you set aside for an animal is legally binding on whoever you put in charge of it. The trust ends when your animal dies, or when the last of them dies if you covered more than one, and Indiana sets no year limit on it. Whoever you name in the trust enforces it, and if you name nobody the court appoints someone. Anyone who cares about your animal can ask the court to appoint an enforcer or to remove one who isn't doing the job. A judge can cut the amount back if it's more than your animal's care requires, and unless your trust says where the extra should go, it comes back to you if you're living and otherwise goes to whoever inherits from you. Indiana puts no time limit on an animal trust, though the general purpose trust in the next section of the code stops after 21 years, so have your document written as an animal-care trust under section 30-4-2-18 rather than a general one. Name a caretaker and a backup in the trust itself; the statute won't pick one for you.
Last verified: July 17, 2026
Source: Ind. Code § 29-1-2-1 ↗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 doesn't matter. Only a signed will changes these defaults.
The childless-second-spouse rule is the trap: the decedent's children keep the real estate and the spouse gets money instead. Each surviving parent is guaranteed at least one-fourth when sharing with siblings.
What your spouse inherits depends on who else survives you. The four common family shapes:
With no spouse, the issue take everything, equally if all in the same degree, with remoter descendants taking by representation.
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.
Last verified: August 7, 2026
Source: Ind. Code § 16-36-7-28 (Health Care Advance Directives) ↗At a Glance
Living Will
Specifies end-of-life care wishes
Healthcare Proxy
Names a decision-maker for you
DNR / POLST
Do-not-resuscitate orders
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.
As of January 1, 2023, Indiana accepts any form or document as an advance directive as long as it's executed correctly. You sign it either in front of two adult witnesses or in front of a notarial officer. Both routes work; you don't need both. If you go the witness route, at least one of the two witnesses can't be your spouse or another relative. Remote online notarization counts. Extra witness signatures or an unnecessary notarial certificate don't invalidate anything. (Ind. Code § 16-36-7-28)
The Indiana Patient Preferences Coalition provides sample advance directive forms that comply with current state laws.
An advance directive is a legally binding document that gives instructions for your healthcare if you can no longer make or communicate decisions. It ensures your wishes regarding medical treatment are respected.
Start with Ind. Code § 16-36-7-28 (Health Care Advance Directives), linked as this section's source. Use the current form or sample that the official source provides or identifies. Form authority and execution requirements vary by state, so confirm the source before signing and get legal help if your situation or the instructions are unclear.
Indiana requires 2 adult witnesses; notarization isn’t required. Anyone 18 or older of sound mind can make one.
Last verified: August 7, 2026
Source: Ind. Code § 23-14-31-36 (Cremation) ↗At a Glance
Indiana law requires a 48-hour wait after the time of death shown on the medical certificate of death or the coroner's certificate before a cremation can proceed. The city or county health officer where the death occurred can waive it in writing. The wait also doesn't apply to someone who died in another state whose remains a licensed funeral director brings to Indiana for cremation, as long as the director has the documents the other state required. (Ind. Code § 23-14-31-36)
A crematory authority in Indiana can't 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.
Cremated remains may be kept by the person with legal control of them, placed in a grave, niche, or crypt, scattered in a scattering area, or disposed of in any manner if the remains are reduced to particles of one-eighth inch or less and the disposal happens on a consenting owner's property, on uninhabited public land, or on a waterway. If you scatter or bury them on someone's property, there's a paperwork step: the property owner and the person with legal control both attest on a state form, and the owner records that form with the county recorder and returns it with the burial transit permit within 10 days. (Ind. Code § 23-14-31-44)
While Indiana law doesn't require embalming or a casket for burial, it does mandate that burials occur in established cemeteries or other legally designated areas. It's illegal to disturb the ground for the purpose of discovering or removing human remains without proper authorization.
Indiana sets this order by statute. The first person on the list who is available and willing decides, and a funeral home takes its instructions from them.
Naming someone in advance. Indiana's dedicated instrument is the funeral planning declaration under Ind. Code § 29-2-19, which sits in the top tier alongside a DD Form 93 designation for service members. Second tier is an individual specifically granted the authority in a power of attorney or health care power of attorney executed under IC 30-5-5-16, or a health care representative appointed under IC 16-36-7. A prepaid funeral plan under IC 30-2-13 does not create an agent, but it lets the funeral home holding it act at tier 11 when no one above is available.
When the same tier disagrees. Ind. Code § 25-15-9-18(h): where there is a dispute about disposition, a funeral home is not liable for refusing to accept the remains until it receives a court order or a written agreement signed by the disputing parties determining final disposition, and if it agrees to shelter the remains during the dispute it may collect applicable storage fees, including legal fees incurred. Subsection (i) requires any cause of action under the section to be filed in the probate court of the county where the decedent resided, unless the decedent was not an Indiana resident. Within a tier, the majority governs, with a minority able to act on the reasonable-notice and no-known-majority-opposition condition; subsection (g) lets a funeral home rely in good faith on a claimant's representation that others of the same degree of kinship were notified.
Indiana strips authority from a person the coroner, in consultation with the investigating law enforcement agency, reasonably suspects of murder, voluntary manslaughter, or another criminal act causing the death (excluding deaths from operating a vehicle), and the coroner must tell the cemetery owner or crematory authority of that determination. A person the decedent had an active protection order against is also barred, and law enforcement must check the protective order registry under IC 5-2-9-5.5 if it cannot otherwise confirm. Authority also lapses fast: under subsection (f), failing to exercise the right within 72 hours after receiving notification of the death forfeits it to the next person in line. The stepchild tier is unusual and conditional, reachable only when nobody in tiers 1 through 8 is available or willing. Sourcing note: iga.in.gov serves a JavaScript-only shell for its /laws routes and api.iga.in.gov requires an x-api-key, but the chapter PDF route iga.in.gov/ic/2026/Title_25/Article_15/Chapter_9.pdf returns the full statutory text to a plain client with a browser user agent. The version read is labeled "Indiana Code 2026" and carries amendments through P.L.137-2021, SEC.30.
Three separate pots of money, on three different agencies' websites, collected nowhere. A family that qualifies for all three usually claims none of them.
1. When nobody can pay. Township assistance burial. There is no statewide indigent burial program and no statewide dollar amount. The township trustee, as administrator of township assistance, under IC 12-20-16-12.
What it pays. Not published as a statewide figure. IC 12-20-16-12(c) requires each trustee to set the maximum in that township's own township assistance standards, so the amount is different township to township and you have to ask. The statute does cap the funeral itself: under IC 12-20-16-12(h), the cost 'may not be more than the cost of the least expensive funeral, including any necessary merchandise and embalming, available from the funeral director under the funeral director's price list disclosed to the Federal Trade Commission.'
What disqualifies you. IC 12-20-16-12(b): the person died in the township without leaving money, real or personal property, other assets that may be liquidated, or other means necessary to defray funeral expenses, and isn't a resident of another Indiana township. If the trustee determines the person was a resident of a different Indiana township, that township's trustee takes it over and the first trustee has to notify them. The trustee may deduct from the township maximum any monetary benefits the person was entitled to receive from a state or federal program, and any money another person provides on their behalf. The trustee can't cremate the person if the person or a surviving family member objected to cremation in writing. If the person was a resident of a state institution, the division with administrative control of that institution reimburses the township, and for a special institution under IC 16-33, the state department of health reimburses.
2. If the death was caused by a crime. $5,000 for funeral, burial or cremation, and that $5,000 is on top of the $15,000 maximum for everything else, so the total possible award is $20,000. The Indiana Criminal Justice Institute's own page states it as: 'A maximum award of $15,000 may be available to help cover expenses resulting from any one injury or death. ... On top of that, an additional $5,000 can be used to recoup funeral and burial costs.' Burial clothing, funeral flowers and food are named on the same page as non-reimbursable, so those are excluded rather than sub-capped. Mental health counseling has its own $3,000 limit.
Indiana crime victim compensation ↗
3. Money the person was already owed. Search Indiana's unclaimed property before you borrow anything. Searching and claiming are free.
Indiana has no statewide burial fund and no statewide dollar amount. Burial for someone who died with nothing is a township job, and every township sets its own maximum. Call the township trustee, not the county. Under IC 12-20-16-12(b), if someone dies in a township without money, property, assets that can be sold, or any other way to pay for a funeral, the trustee has to arrange and pay for the funeral and burial or cremation. Start with the trustee for the township where the death happened. If the person actually lived in a different Indiana township, that trustee takes over, and the law makes the first trustee notify them. So you may get handed off once, and that's normal. Ask for the township's maximum in writing before you agree to anything at the funeral home. It's in that township's assistance standards. The trustee can subtract any state or federal death benefit the person was owed and any money other people have already put in. The statute also caps the funeral at the cheapest funeral that funeral director offers on the price list they file with the Federal Trade Commission, so don't let anyone sell you a package and then send the township the bill. Two more things worth knowing. The trustee can't have the person cremated if the person or a surviving family member objected to cremation in writing. And if the person died as a resident of a state institution, the state division that ran it reimburses the township, so that shouldn't become your problem. If the death was a violent crime, apply to the Indiana Criminal Justice Institute's Violent Crime Victim Compensation Program. Funeral, burial or cremation is covered up to $5,000, and that $5,000 sits on top of the $15,000 maximum for other costs. Since July 1, 2022, family members who paid part of the funeral or burial can apply in their own name. Burial clothing, funeral flowers and food aren't covered. The crime has to have happened in Indiana, within the past two years, and been reported to police within 72 hours. If you're denied, you have 30 days from the denial notice to ask in writing for an administrative hearing. Then check indianaunclaimed.gov, the Attorney General's unclaimed property site, for money being held in the person's name.
Last verified: July 16, 2026
Source: Indiana Department of Revenue ↗At a Glance
Indiana repealed its inheritance tax effective January 1, 2013. This means that estates of individuals who died on or after this date aren't subject to a state-level inheritance tax in Indiana.
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%.
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.
No. Indiana doesn’t tax inheritances. Heirs owe no state tax on what they receive.
$15 million per person, $30 million for a married couple, indexed for inflation. The Working Families Tax Cuts Bill (Public Law 119-21, 2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.
Last verified: August 9, 2026
Source: Ind. Code § 29-2-16.1 (Revised Uniform Anatomical Gift Act) ↗At a Glance
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.
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.
A registered donor's decision is legally binding. Nobody else can amend or revoke it after your death (Ind. Code 29-2-16.1-7(a)). One exception: if the donor is an unemancipated minor, a parent who is reasonably available can revoke or amend the gift (Ind. Code 29-2-16.1-7(g)). Organ procurement organizations still consult families in practice, so tell yours what you decided.
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.
Need Help in Indiana?
Wills, trusts, advance directives, and probate all benefit from a licensed professional. We've compiled a directory of funeral directors, grief counselors, hospice providers, and financial advisors. Sorted by state. Before a listing appears, we check the provider's phone and address against the provider's own website.
Find Help in Indiana →From The MORTL Edit
Sources: Indiana Code Title 16, Indiana Code Title 29, IRS. Individual sections are updated and re-dated whenever a law changes, which is why the date at the top of the guide can be newer than this one. The whole guide also gets a front-to-back review on a schedule. Last front-to-back review: June 2026.
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