December 1, 2025

Whether you’re the executor of a will or creating your own estate plan, understanding the ins and outs of estate administration can feel overwhelming. Often the big question is, “When is probate required?” In part one of our series on Indiana probate laws, we explained the basics of probate, the legal process, and what kinds of assets need court involvement. This post wraps up our series explaining which property can avoid the probate process and also tips for planning your estate.

When Probate Isn’t Needed

In case you missed the first post, probate is the court process of settling an estate after someone passes. In Indiana, probate court is not always necessary for certain assets and estates. And as you can imagine, avoiding probate can be worthwhile for saving time, money, and hassle with the administration process. Probate can be an expensive process, with probate courts handling $60 billion worth of estate assets every year. But to avoid probate, a few guidelines come into play. For example, some kinds of property that can skip probate include:

Assets owned jointly. Sometimes called “joint tenancy,” any property owned with another person does not go through probate. Most commonly, joint ownership includes bank accounts and real estate, but it can also involve any other asset with a joint owner.

Property owned by married couples. Surviving spouses automatically inherit assets without probate. In legalese, it’s called “tenancy by the entirety,” and this usually refers to real estate ownership. For example, if a husband passes away, the wife automatically becomes the sole owner of the home.

Beneficiary accounts. Any investment account with a beneficiary skips the probate process. Beneficiary designations can even trump contradictory wishes in a will. This is why it’s critically important to regularly review and update beneficiaries on your life insurance, IRAs, 401(k)s, pensions, and other retirement accounts.

Transfer-On-Death (TOD) assets. Indiana probate laws allow residents to use a transfer-on-death form to name beneficiaries for vehicles, securities, and real estate to avoid probate. Cars, small boats, stocks, bonds, brokerage accounts, land, and houses all qualify. Fill out the correct form at the BMV for vehicles, contact your financial advisor about securities, or complete a transfer-on-death deed for real estate.

Payable-On-Death bank accounts. Similar to the transfer-on-death assets, bank and credit union accounts can avoid probate and automatically transfer to a new owner with a payable-on-death form. See your financial institution to fill out the proper paperwork.

Small Estates. If an Indiana estate is worth less than $50,000, the family can transfer assets with a simple affidavit (a notarized written statement) and distribute property to heirs without probate. To determine the value of the estate, subtract any debts from the total value of assets. Legal fees and reasonable funeral expenses can also be deducted from the estate’s total. Not all assets are eligible under this exception, however, such as real estate of any size.

Living Trusts. A trust is an agreement where you give another person (the trustee) the right to own your property. And a living trust is simply one you create while you’re still alive, even though no one inherits the property until after your death. Since everything in the trust has a beneficiary, the assets can be distributed to heirs without the need for probate.

What Happens if You Don’t File Probate in Indiana?

If you don’t fall into one of the situations above, failing to file for probate can cause a number of issues, such as difficulty transferring ownership, tax consequences, or even legal claims against the estate if debts remain unpaid. If you’re unsure whether you need to file or not, it’s a good idea to discuss your specific situation with an estate attorney.

Regardless of whether you go through probate or not, estate administration can be a complicated and time-consuming process. At BB&C, we live and breathe this type of law. If you’re trying to wrap up a loved one’s will or wondering how best to structure your own estate plan, we can answer all of your questions. Contact
Cecelia Neihouser Harper
at 765-637-9175.

 

Frequently Asked Questions about Indiana Probate

What is Probate?

Probate is the court process of settling an estate after someone passes. No matter the situation, if the deceased had no will or left behind assets without naming a beneficiary, then probate may be required. Accounts and properties that may need probate include:

• Real estate or land
• Bank or credit union accounts
• Investments
• Tangible property (including clothing, jewelry, furniture, and vehicles)

What Does Probate Mean With a Will?

Probate is the court process of settling an estate after someone passes. No matter the situation, if the deceased had no will or left behind assets without naming a beneficiary, then probate may be required. Accounts and properties that may need probate include:

• Real estate or land
• Bank or credit union accounts
• Investments
• Tangible property (including clothing, jewelry, furniture, and vehicles)

When is Probate Required?

Probate court is not always necessary for certain assets and estates. Some kinds of property that can skip probate include:

• Assets owned jointly
• Property owned by married couples
• Beneficiary accounts
• Transfer-On-Death (TOD)
• Payable-On-Death bank accounts
• Small Estates (worth less than $50,000)
• Living Trusts

In these cases, assets and estates can avoid probate, which helps save time, money, and hassle with the administration process.

How can I Avoid Probate?

Avoiding probate can help save time, money, and hassle. Some kinds of property that can skip probate include:

• Assets owned jointly
• Property owned by married couples
• Beneficiary accounts
• Transfer-On-Death (TOD)
• Payable-On-Death bank accounts
• Small Estates (worth less than $50,000)
• Living Trusts

If you’re unsure whether an estate needs probate, it’s smart to sit down with a trusted estate planning attorney.

How do I know if Probate is Required?

Probate is the court process of settling an estate after someone passes. Some assets and property require probate, while others do not. If you’re unsure whether an estate needs probate, it’s smart to sit down with a trusted estate planning attorney who can guide you through the process.

What Happens if You Don’t File Probate in Indiana?

If you don’t file probate when required, it can cause a number of issues. You might encounter difficulty transferring ownership, tax consequences, or even legal claims against the estate if debts remain unpaid. If you’re unsure whether you need to file or not, it’s a good idea to discuss your specific situation with an estate attorney.

What is Unsupervised Probate?

In Unsupervised Probate, the court doesn’t oversee the estate administration. The personal representative can sell or lease real estate, sell assets, file taxes, and distribute money to heirs without needing the court’s approval. The executor still needs to follow the will’s instructions, but the court doesn’t need to be involved. Unsupervised probate is generally a more straightforward process.

What is Supervised Probate?

Supervised probate requires the court to manage every step the executor takes to settle the estate. Supervised probate takes more time and money. You may need a supervised process if:

• There’s no will and heirs are unknown
• Beneficiaries are arguing over the will
• The estate has more debt than assets (bankrupt)
• The estate assets are hard to valuate (unusual real estate, collectibles, etc.)
• The will is unclear or contested

Do we Qualify for Unsupervised Probate?

In Unsupervised Probate, the court doesn’t oversee the estate administration. The executor still needs to follow the will’s instructions, but the court doesn’t need to be involved. You can go this route if:

• The estate is solvent (has more assets than debts)
• The will requests unsupervised administration (or doesn’t request supervised)
• The personal representative is competent
• Nobody contests the will
• The heirs agree to it

Does a Will Avoid Probate?

Each estate is unique and varies on the level of court involvement needed. Basic probate may only be required to authenticate the will, but more cumbersome scenarios can require court approval every step of the way. If you’re unsure whether an estate needs probate, it’s smart to sit down with a trusted estate planning attorney who can guide you through the process.

What is a Probate Attorney?

Probate is the court process of settling an estate after someone passes. No matter the situation, if the deceased had no will or left behind assets without naming a beneficiary, then probate may be required. A Probate Attorney is a professional legal expert who can help you through the process, preventing unnecessary complications and delays.

Should I Work with a Probate Lawyer?

Regardless of whether you go through probate or not, estate administration can be a complicated and time-consuming process. If you’re trying to wrap up a loved one’s will or wondering how best to structure your own estate plan, it’s smart to sit down with a trusted estate planning attorney who can guide you through the process.