Understanding Estate Planning In Indiana

Estate planning is an important step in protecting your family’s future and ensuring that your
wishes are carried out. Estate planning refers to the legal arrangements that determine how an
individual’s property will be managed and distributed after their death or incapacity. In Indiana,
the steps to completing an estate plan are drafting a will, and designating financial and healthcare attorneys in fact. Depending on your circumstances, you may also consider establishing a trust.

A will provides instructions for the distribution of property and can name guardians for minor
children. Trusts are used not only for distributing assets but also for planning in case of
disability, and now, thanks to recent law changes, extending asset
protection across several generations. With all of this to navigate, effective estate planning
becomes essential to providing peace of mind, reducing potential conflicts among heirs, and minimize costs associated with administering your estate.

Indiana’s estate laws are codified primarily in Indiana Code Title 29, which governs probate
procedures, requirements of wills, and intestate succession,. Intestate succession is the order in
which assets are passed when a person dies without a will. Indiana law generally allows a
surviving spouse to receive a minimum “elective share,” no matter what the a will states.
However, if there is no will, a spouse and children share the estate according to statutory
formulas.

One significant advantage for Indiana residents is that the state does not impose an estate tax.
Indiana is one of 38 states that does not levy a tax on estates, though federal estate taxes may still
apply to larger estates. In 2025, the federal exemption stands at $13.99 million per person,
meaning most families won’t face federal estate tax concerns.

Without careful estate planning, an estate may enter Indiana’s probate system. Probate is
overseen by the local court, which validates wills, appoints personal representatives (executors),
and ensures claims from creditors are addressed before assets are distributed. The probate
process in Indiana requires filing in the county of the decedent’s residence and can become
complicated if out-of-state property is involved.

Effective planning can minimize time and money spent in probate, reduce administrative
burdens, and lower family stress. Probate can be especially burdensome, and without instruments
like wills or trusts, courts may make decisions you wouldn’t want.

Hoosiers are encouraged to consult with an experienced attorney to ensure their estate plan
complies with changing laws, reflects current wishes, and protects against future uncertainties. If
you want to get started on this process or have any questions about estate planning in Indiana,
please contact McNeelyLaw LLP by calling (317) 825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion
of any specific facts or circumstances. The contents are intended for general informational
purposes only, and you are urged to consult your own lawyer on any specific legal questions you
may have concerning your situation.