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 propertyHow it is treatedDetails
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.