{"id":373272,"date":"2016-03-31T21:35:17","date_gmt":"2016-04-01T02:35:17","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/indiana-law\/indiana-probate-and-estate-tax-laws.html"},"modified":"2018-02-21T01:00:00","modified_gmt":"2018-02-21T06:00:00","slug":"indiana-probate-and-estate-tax-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/indiana-law\/indiana-probate-and-estate-tax-laws.html","title":{"rendered":"Indiana Probate and Estate Tax Laws"},"content":{"rendered":"\n
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Indiana Probate and Estate Tax Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Probate court<\/a> is where the financial affairs and property of a person who has passed on (the "decedent") are legally settled. The items owned by the decedent are called the estate. Marion County, where Indianapolis is located, has a separate probate court, in other Indiana counties, probate matters are handled at the local county district or superior court. In Indiana, there are several ways that estate administration<\/a> can be handled, depending on the level of supervision required and the amount of assets in the estate.<\/p>\r\n

Estate Tax<\/h2>\r\n

Indiana repealed the estate or inheritance tax<\/a> for all those who die after December 31, 2012. Therefore, no inheritance tax returns must be filed at this time.<\/p>\r\n

Details on the Indiana probate and estate tax laws are outline in the table below.<\/p>\r\n\r\n

Code Sections<\/b><\/p>\r\n<\/td>\r\n

Indiana Code – Title 29, Article 1: Probate Code<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Types of Estate Administration<\/b><\/p>\r\n<\/td>\r\n

There are three types of estate administration in Indiana. These are:<\/p>\r\n

Family Allowances<\/b><\/p>\r\n<\/td>\r\n

Either the surviving spouse or the decedent’s minor children are entitled to $25,000 to help after the decedent\u2019s death, called an "allowance<\/a>." If there\u2019s more than one child under 18, the children share the $25,000 equally. This $25,000 is in addition to other shares of the estate, meaning for example, it can’t be taken out of the half of the estate the surviving spouse is entitled to.<\/p>\r\n

If the personal property in the estate is worth less than $25,000, but there’s real property that it could be paid from, then a lien<\/a> will be placed on the real estate. However, the property generally can’t be sold to pay the allowance, unless agreed to by all interested parties.<\/p>\r\n<\/td>\r\n<\/tr>

What Assets Go Through Probate?<\/b><\/p>\r\n<\/td>\r\n

Property that a person has or has the right to when he or she dies need to go through probate, unless that property qualifies to skip probate. Some of the assets that require probate are:<\/p>\r\n

What Assets Skip Probate Entirely?<\/b><\/p>\r\n<\/td>\r\n

Many assets avoid probate and go straight to the co-owner of the property or designated beneficiary. Assets that skip probate include:<\/p>\r\n

Estate Taxes<\/b><\/p>\r\n<\/td>\r\n

Indiana abolished the inheritance tax in 2013.<\/p>\r\n<\/td>\r\n<\/tr>

What Other Taxes Must be Paid?<\/b><\/p>\r\n<\/td>\r\n

The personal representative of an estate in Indiana must continue to pay the taxes owed by the decedent and his or her estate. These taxes may include:<\/p>\r\n