---
title: Estate Planning in Indiana
state: Indiana
state_abbreviation: IN
document_type: Estate Planning
updated: '2026-08-26T19:40:02Z'
reading_time: 2 min read
url: https://killswitch.rip/states/indiana
laws:
  estate_tax: false
  inheritance_tax: false
  primary_statute: Ind. Code §29-1-5-2
  probate_threshold: 50000
  community_property: false
costs:
  diy_range: 39-99
  attorney_range: 500-1500
  attorney_average: 800
  killswitch_price:
  probate_cost_percentage: 3
---

# Estate Planning in Indiana

You're going to die. And when you do, Indiana law (Ind. Code §29-1-5-2) has some very specific opinions about what happens to everything you've spent your life accumulating. Without proper documents in place, the state basically writes your will for you. Spoiler alert: it probably won't match what you actually wanted.

Indiana is an equitable distribution state, so courts divide assets "fairly", which may or may not match your definition of fair. The probate threshold here is $50,000, meaning estates below that amount can skip the full probate circus. Anything above that? Welcome to months of court proceedings and legal fees that'll make your heirs question whether you actually loved them.

At least Indiana doesn't pile on a state estate tax, so there's that.

## What you actually need in Indiana

There are three documents every IN resident should have, and no, a sticky note that says "give everything to my dog" doesn't count:

1. **A Last Will & Testament.** Tells Indiana exactly who gets your stuff instead of letting some judge decide
2. **A Financial Power of Attorney.** Picks someone to handle your money if you can't (like if you're in a coma, not just if you're bad with money)
3. **An Advance Healthcare Directive.** Makes your medical wishes known so your family doesn't have to guess while sobbing in a hospital hallway

## Why you shouldn't put this off

Every day without these documents is a day you're gambling with your family's future. Indiana intestacy laws might give your assets to relatives you haven't spoken to in years, or tie everything up in probate court until your kids are old enough to need their own estate plans. The average attorney in Indiana charges $800+ for basic estate planning. Or you could handle it yourself for a fraction of that. Your call, but the clock's ticking, literally.


## Frequently Asked Questions

### Do I need a lawyer for estate planning in Indiana?

Legally, no. Indiana doesn't require an attorney to create a will, POA, or healthcare directive. Attorneys are helpful for complex estates, but for straightforward situations, a DIY approach works fine. Just make sure you follow Indiana's specific requirements.

### How much does estate planning cost in Indiana?

Attorneys in Indiana typically charge 500-1500 for a basic estate plan. DIY options like Killswitch run $39-$99. Either way, it's cheaper than the probate court fees your family would face without any plan at all.

### What happens if I die without a will in Indiana?

Indiana's intestacy laws kick in, which means the state decides who gets your stuff. Generally, it goes to your spouse and kids, but the exact split might surprise you. No spouse or kids? It goes to parents, siblings, or increasingly distant relatives. The state keeps it if nobody qualifies.

### Is Indiana a community property state?

No. Indiana follows equitable distribution, where courts divide assets fairly (but not necessarily equally) in probate. Your will can specify exactly who gets what.