A house or land without probate in Indiana
An owner (or the owner's legal representative) can sign a transfer on death deed so Indiana real estate passes to a named beneficiary at death. It must be recorded with the county recorder before the owner dies, or it is void.
Checked against official sources: October 30, 2026.
Transfer-on-death (TOD) and payable-on-death (POD) in Indiana
- Real estate (TOD deed)
Yes · Transfer on death deed
An owner (or the owner's legal representative) can sign a transfer on death deed so Indiana real estate passes to a named beneficiary at death. It must be recorded with the county recorder before the owner dies, or it is void. It needs no consideration or delivery and can name a trust.
Law: Ind. Code sec. 32-17-14-11
Source: Official page
Does real estate count toward the small estate limit?
| Kind of property | How it is treated | Details |
|---|---|---|
Real estate in Indiana | Counts | Indiana real estate in the person's name counts, minus mortgages and liens. The affidavit itself cannot transfer real estate. Law: IC 29-1-8-1(b)(1) |
Main home (primary residence) | Counts | The home counts at its value minus the mortgage and other liens. Law: IC 29-1-8-1(b)(1) |
Surviving spouse in Indiana
The surviving spouse of an Indiana resident is entitled to a $25,000 allowance from the estate (if there is no spouse, it is divided among children under 18). It can be claimed against personal property, real estate or both; it is claimed in a probate case.
Who inherits with no will in Indiana
If there is no will: the surviving spouse gets half if there are children (or descendants of a deceased child), three-fourths if there are no descendants but a parent survives, and everything if there are no descendants or parents. A second or later childless spouse gets a smaller share of real estate when the person left children from an earlier marriage. The rest goes to the children (and descendants of deceased children); then parents, brothers and sisters (each parent gets at least one-fourth); then nieces and nephews; then grandparents; then aunts and uncles.
Law: Ind. Code sec. 29-1-2-1
Source: Official page
Related pages
Free help in Indiana
A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.
- Indiana Legal Help (court-supported legal information and help finder)
- Indiana Legal Services
- Indiana Judicial Branch Self-Service Legal Center
- LawHelp.org
- Legal Services Corporation (LSC) - Find legal aid
- Eldercare Locator · 1-800-677-1116
- Consumer Financial Protection Bureau (debt collection and mortgage complaints) · (855) 411-2372