Indiana · Probate Timeline
Indiana Probate Timeline: Key Deadlines for Personal Representatives
Indiana probate under IC Title 29 has two clocks running simultaneously after appointment: a 60-day Inventory deadline from the date of appointment, and a 3-month creditor period from first publication of the Notice to Creditors. Missing the 60-day Inventory deadline requires you to explain to the court. Missing the creditor period could expose the Personal Representative to personal liability for premature distributions.
The 3-month creditor period is shorter than most neighboring states — but Indiana also imposes a hard 9-month absolute bar on all claims from the date of death, regardless of whether Notice was published.
Master Deadline Table
| Deadline | Trigger | Statute | Notes |
|---|---|---|---|
| Day 0 Date of Death | Death of decedent | — | 9-month absolute creditor bar begins running from this date regardless of publication |
| ASAP — File Petition | Decision to open probate | IC § 29-1-7-1 | File Petition for Probate + Will + death certificate with Circuit or Superior Court; no statutory deadline but delays affect all downstream deadlines |
| Appointment Date | Court hearing and appointment | IC § 29-1-10-1 | Starts 60-day Inventory deadline; receive Letters Testamentary (6–8 certified copies) |
| Immediately after appointment | Appointment date | IC § 29-1-14-1 | Publish Notice to Creditors ASAP — the sooner you publish, the sooner the 3-month period starts; starts the 3-month clock |
| First Publication Date | First publication of Notice | IC § 29-1-14-1 | 3-month creditor claim period begins here; publish for 2 consecutive weeks |
| 60 Days — Inventory | Appointment date | IC § 29-1-12-1 | File Inventory with court and serve on all interested persons; include all probate assets with FMV as of date of death |
| 3 Months — Creditor period ends | First publication date | IC § 29-1-14-1 | All creditor claims filed after this date are barred (unless claim also within 9-month bar from death date); do not distribute before this expires |
| 9 Months — Absolute bar | Date of death | IC § 29-1-14-1 | All creditor claims absolutely barred 9 months from date of death, regardless of whether Notice was published; whichever bar (3-month or 9-month) expires first applies to each claim |
| After 3-month creditor period | Creditor period expiration | IC § 29-1-14-16 | Pay valid claims in priority order; reject invalid claims in writing |
| April 15 (year after death) | Calendar year end | IC § 6-3-4-1 | File deceased's final Indiana Form IT-40 (including county income tax) and federal Form 1040 |
| April 15 (each admin year) | Estate income earned | IC § 6-3-4-1 | File Indiana Form IT-41 (Fiduciary Income Tax) if estate earns income during administration; federal Form 1041 if estate earns $600+ |
| After taxes and debts paid | All obligations settled | IC § 29-1-7.5 | Distribute assets to heirs per will or intestacy; obtain signed receipts |
| After distribution complete | Distribution complete | IC § 29-1-7.5 | Unsupervised: file Closing Statement; Supervised: file Final Accounting + closing hearing |
Two clocks run simultaneously. The 60-day Inventory clock starts at appointment; the 3-month creditor period starts at first publication. Publish Notice to Creditors immediately after receiving Letters Testamentary so both clocks run concurrently. If you delay publishing Notice, you extend the total timeline unnecessarily.
Indiana's 9-month absolute creditor bar is unusual. Most states have only one creditor clock (from publication). Indiana has TWO limits: (1) 3 months from first publication, and (2) 9 months from date of death. Any claim filed after EITHER limit (whichever applies first) is barred. This means that if you delay opening probate and publishing Notice, the 9-month bar may run out before the 3-month period does — effectively giving creditors less time than you might expect.
Month-by-Month Calendar
Week 1–2 After Death
• Secure the original will and order 6–10 certified death certificates
• Identify all estate assets (probate vs. non-probate)
• Notify Social Security Administration and other government agencies
• Pay urgent bills (mortgage, insurance) to protect estate property
• Redirect mail to Personal Representative's address
• Determine: Small Estate Affidavit or full probate?
• Identify all estate assets (probate vs. non-probate)
• Notify Social Security Administration and other government agencies
• Pay urgent bills (mortgage, insurance) to protect estate property
• Redirect mail to Personal Representative's address
• Determine: Small Estate Affidavit or full probate?
Month 1 — File and Appear
• File Petition for Probate with Circuit or Superior Court
• Attach original will and certified death certificate; pay filing fee ($50–$175)
• Attend appointment hearing — request unsupervised administration if authorized
• Receive Letters Testamentary (6–8 certified copies)
• Publish Notice to Creditors immediately — 3-month clock starts at first publication
• Publish for 2 consecutive weeks; file proof of publication with court
• Send direct written notice to all known creditors
• Apply for estate EIN at irs.gov; open estate bank account
• Attach original will and certified death certificate; pay filing fee ($50–$175)
• Attend appointment hearing — request unsupervised administration if authorized
• Receive Letters Testamentary (6–8 certified copies)
• Publish Notice to Creditors immediately — 3-month clock starts at first publication
• Publish for 2 consecutive weeks; file proof of publication with court
• Send direct written notice to all known creditors
• Apply for estate EIN at irs.gov; open estate bank account
Month 1–2 — Inventory (60-Day Deadline)
• Prepare Inventory of all probate assets with fair market values as of date of death
• Include all real property, financial accounts, vehicles, investments, personal property
• Obtain appraisals for real estate and high-value items
• File Inventory with court within 60 days of appointment (IC § 29-1-12-1)
• Serve copy of Inventory on all interested persons
• Transfer financial accounts and other assets using Letters Testamentary
• Maintain insurance on all estate property
• Include all real property, financial accounts, vehicles, investments, personal property
• Obtain appraisals for real estate and high-value items
• File Inventory with court within 60 days of appointment (IC § 29-1-12-1)
• Serve copy of Inventory on all interested persons
• Transfer financial accounts and other assets using Letters Testamentary
• Maintain insurance on all estate property
Month 2–4 — Creditor Period Running
• Allow the 3-month creditor period to run (from first publication date)
• Receive and evaluate creditor claims as they arrive
• Continue managing estate property and income
• Do NOT distribute assets before the 3-month period expires
• Maintain detailed records of all estate receipts and expenditures
• Begin preparing tax returns for the deceased's final year
• Receive and evaluate creditor claims as they arrive
• Continue managing estate property and income
• Do NOT distribute assets before the 3-month period expires
• Maintain detailed records of all estate receipts and expenditures
• Begin preparing tax returns for the deceased's final year
Month 4–6 — Pay Debts and Taxes
• After 3-month creditor period expires: pay valid claims in IC § 29-1-14-16 priority order
• Reject invalid or time-barred claims in writing
• File deceased's final Indiana Form IT-40 (state + county income tax, due April 15)
• File Indiana Form IT-41 if estate earns income during administration
• File federal Form 1040 (final) and federal Form 1041 if applicable
• No Indiana estate tax return; no Indiana inheritance tax return required
• Reject invalid or time-barred claims in writing
• File deceased's final Indiana Form IT-40 (state + county income tax, due April 15)
• File Indiana Form IT-41 if estate earns income during administration
• File federal Form 1040 (final) and federal Form 1041 if applicable
• No Indiana estate tax return; no Indiana inheritance tax return required
Month 7–12 — Distribute and Close
• Distribute remaining assets to heirs per will or intestacy
• Obtain signed receipts from each distributee
• Transfer real estate by deed — record with county Recorder's Office
• Transfer vehicle titles at Indiana BMV
• Unsupervised: file Closing Statement under IC § 29-1-7.5
• Supervised: file Final Accounting and attend closing hearing
• Close estate bank account after final distribution
• Retain all estate records for at least 3 years
• Obtain signed receipts from each distributee
• Transfer real estate by deed — record with county Recorder's Office
• Transfer vehicle titles at Indiana BMV
• Unsupervised: file Closing Statement under IC § 29-1-7.5
• Supervised: file Final Accounting and attend closing hearing
• Close estate bank account after final distribution
• Retain all estate records for at least 3 years
No Indiana state tax clearance required at closing. Because Indiana has no estate tax and no inheritance tax, there is no Indiana Department of Revenue clearance letter needed before distributing assets or closing the estate. Simply file the required income tax returns (IT-40 final, IT-41 if applicable) and proceed with distribution and closing.
Indiana vs. Neighboring States: Timeline Comparison
| State | Creditor Period | Creditor Clock | Inventory | Income Tax | Estate Tax | Typical Duration |
|---|---|---|---|---|---|---|
| Indiana | 3 months | From publication | 60 days | 3.05% + county | None | 7–12 months |
| Ohio | 6 months | From appointment | 30 days | 0–3.99% | None | 9–15 months |
| Michigan | 4 months | From publication | 91 days (not filed) | 4.25% flat | None | 7–12 months |
| Illinois | 6 months | From publication | 60 days | 4.95% flat | Over $4M | 9–15 months |
| Kentucky | 6 months | From publication | 60 days | 4.0% flat | None (inh. tax only) | 9–15 months |
| Tennessee | 4 months | From publication | 60 days | None | None | 7–12 months |
Indiana's 3-month creditor period is the shortest in the Midwest. Ohio and Illinois both require 6 months from appointment or publication. Michigan requires 4 months. Tennessee requires 4 months. Indiana's 3-month period — combined with no estate tax and no inheritance tax — can result in a faster overall timeline than most neighboring states, particularly for uncomplicated estates.
5 Tips for Staying on Track in Indiana Probate
- Publish Notice immediately after appointment. The 3-month creditor period doesn't start until first publication. Every day you delay extends the total timeline. Get the Notice to Creditors published in the county newspaper within the first week after receiving Letters Testamentary.
- File the Inventory on time. The 60-day Inventory deadline runs from appointment, not from publication. These two clocks run concurrently. Start preparing the Inventory as soon as Letters are issued — don't wait until the last week.
- Request unsupervised administration at the appointment hearing. If the will authorizes it, ask the judge at the appointment hearing. You cannot easily convert from supervised to unsupervised administration after the fact. This is the most important single step to simplify Indiana probate.
- Don't forget county income tax. The deceased's final IT-40 must include Indiana county income tax for the county of domicile. The Indiana DOR publishes annual county income tax rates at in.gov/dor. Look up the correct county rate before filing.
- Keep a running ledger of all estate transactions. Under unsupervised administration you file a Closing Statement rather than a detailed Final Accounting — but you still need complete records in case a creditor or heir raises questions. Every deposit, expense, and distribution should be documented with dates and amounts.