Living Trust Attorney in Indiana — Probate, TOD Deeds and Trust Planning

Indiana repealed its inheritance tax in 2013 and allows transfer-on-death deeds. So when is a living trust worth it? This guide from a living trust attorney in Indiana perspective explains Indiana probate and the role of trusts.

Many Indiana families can avoid probate with TOD designations. However, a trust offers broader benefits, including incapacity planning and beneficiary protection. Therefore, the right choice depends on your goals.

How Indiana probate works

Indiana probate is handled by the circuit or superior court in each county. Estates may be supervised or unsupervised. Unsupervised administration involves less court oversight.

For small estates below a set limit, Indiana allows a small estate affidavit. The limit was raised in recent years. Our Probate Documents service helps personal representatives.

Indiana TOD deeds

Indiana allows transfer-on-death deeds under its Transfer on Death Property Act. They pass real estate at death without probate. Furthermore, Indiana allows TOD designations for many other assets.

These tools are simple. However, they do not help with incapacity or provide management for young beneficiaries. Consequently, a trust is often better for complex families.

No inheritance tax in Indiana

Indiana repealed its inheritance tax for deaths after 2012. As a result, Indiana has no state death tax. However, federal estate tax may apply to very large estates.

A living trust consultation reviews whether a trust or TOD designations fit best.

Funding your trust in Indiana

A trust only avoids probate for assets it actually owns. Therefore, funding is the step that makes everything work.

Real estate

Indiana homes are transferred to the trust by deed, recorded with the county recorder. Alternatively, a transfer-on-death deed can name the trust as beneficiary. Make sure homestead deductions continue.

Accounts, retirement and insurance

Next, retitle bank and brokerage accounts into the trust's name, or add the trust as the payable-on-death beneficiary where allowed. Retirement accounts usually stay in your name with beneficiary designations instead. Similarly, life insurance can name the trust or individuals.

Personal property

Finally, an assignment of personal property moves household items into the trust. Our Living Trust package includes step-by-step funding instructions for Indiana. Consequently, nothing important is left behind.

Blended families, children and choosing a trustee in Indiana

Blended families need careful planning. For example, a parent may want to support a new spouse while protecting an inheritance for children from an earlier marriage. In addition, Indiana gives a surviving spouse an elective share in many cases, which can affect plans for children from an earlier marriage. Therefore, a trust can hold assets for the surviving spouse for life and then pass the remainder to the children.

Similarly, a trust can manage money for minor children until they are older, instead of handing everything over at 18. Moreover, you choose the successor trustee. Pick someone organized, honest and willing, or name a professional trustee when family dynamics are complex.

If you already have a trust, a trust review checks whether it still fits your family and Indiana law.

Flat fee living trust pricing and documents in Indiana

Our Living Trust service starts at $199 for Indiana. The standard package tailors the trust to Indiana law and your family. Meanwhile, the premium package adds attorney review.

A complete plan also needs a durable power of attorney and an advance directive for health care, each with Indiana signing requirements. Our Estate Plan Bundle prepares these to Indiana standards. In addition, our durable power of attorney and healthcare directive services are available individually.

Not sure whether a trust is worth it for you? A living trust consultation compares a trust with a will and other probate-avoidance tools. For more, read our national guide to flat fee living trusts.

Common living trust mistakes in Indiana

The most common mistake is signing a trust but never funding it. Consequently, assets left outside the trust may still need probate. In Indiana, another frequent problem is relying only on TOD designations and forgetting a successor for incapacity, which can lead to a court guardianship.

Similarly, many people forget to update beneficiary designations on retirement accounts and life insurance. As a result, money can go to an ex-spouse or the wrong person. Therefore, review every designation when you sign your trust.

Finally, keep the trust current. Marriage, divorce, a new grandchild or a large change in assets should all prompt a review. In addition, store the original documents safely and tell your successor trustee where they are.

What the trustee does after a death in Indiana

When the trust creator dies, the successor trustee takes over without court involvement. First, the trustee obtains death certificates and secures the assets. Next, the trustee notifies beneficiaries as Indiana law requires.

After that, the trustee pays debts, expenses and any taxes. In particular, the trustee should confirm no assets remain that need a small estate affidavit or probate. Then the trustee transfers or sells real estate by recording documents with the county recorder.

Finally, the trustee distributes the remaining assets under the trust's terms and keeps records. Consequently, the family avoids probate and keeps matters private. Our executor documents service helps trustees and executors stay organized.

Out-of-state property and moving to Indiana

Many Indiana families own property elsewhere, such as homes in Michigan, Florida or Illinois. Without a trust, each state may require its own probate, called ancillary administration. Therefore, deed out-of-state property to your trust too.

If you move to Indiana with a trust from another state, it generally remains valid. However, it may not reflect Indiana's tax rules, property law or signing requirements for related documents. Consequently, a review after a move is wise. In addition, update your powers of attorney and healthcare documents to Indiana forms, because banks and hospitals accept familiar forms more readily.

Who benefits most from a living trust in Indiana?

A living trust is not essential for everyone. However, it adds real value in several situations. First, homeowners who want to keep their house out of probate benefit. Second, people who own property in more than one state avoid multiple probates.

Third, anyone concerned about incapacity benefits, because the successor trustee can step in without a court guardianship or conservatorship. Fourth, parents of young children or beneficiaries who need help managing money gain control over how and when assets are distributed.

In addition, Indiana has no inheritance tax, so privacy, incapacity planning and beneficiary protection are usually the main reasons. Consequently, many Indiana families find a trust worth the modest cost. A living trust consultation helps you decide.

Indiana farmland and family businesses

Many Indiana families own farmland or a family business. A trust can keep these assets together and managed after death, instead of splitting them among heirs. Consequently, succession planning becomes much smoother.

Our Living Trusts services in Indiana

Every service below has a fixed price, is prepared by a qualified attorney and is delivered online — wherever you are in Indiana. Additionally, you can upload evidence, message your attorney and track progress from your secure client dashboard.

Living Trusts across Indiana — cities we serve

We work with clients in every part of Indiana, entirely online. Therefore, it does not matter whether you live downtown or hours from the nearest courthouse. Your documents follow Indiana law and your county's local practice. Choose your city below to see local details and prices.

• Indianapolis: Revocable Living Trust in Indianapolis · Complete Estate Plan Bundle in Indianapolis · Living trust consultation in Indianapolis
• Fort Wayne: Revocable Living Trust in Fort Wayne · Complete Estate Plan Bundle in Fort Wayne · Living trust consultation in Fort Wayne
• Evansville: Revocable Living Trust in Evansville · Complete Estate Plan Bundle in Evansville · Living trust consultation in Evansville
• South Bend: Revocable Living Trust in South Bend · Complete Estate Plan Bundle in South Bend · Living trust consultation in South Bend
• Carmel: Revocable Living Trust in Carmel · Complete Estate Plan Bundle in Carmel · Living trust consultation in Carmel
• Fishers: Revocable Living Trust in Fishers · Complete Estate Plan Bundle in Fishers · Living trust consultation in Fishers
• Bloomington: Revocable Living Trust in Bloomington · Complete Estate Plan Bundle in Bloomington · Living trust consultation in Bloomington
• Gary: Revocable Living Trust in Gary · Complete Estate Plan Bundle in Gary · Living trust consultation in Gary
• Lafayette: Revocable Living Trust in Lafayette · Complete Estate Plan Bundle in Lafayette · Living trust consultation in Lafayette

More Indiana services

Complete Estate Plan Bundle in Indiana · Living trust consultation in Indiana · Durable Power of Attorney in Indiana · Advance Healthcare Directive / Living Will in Indiana · Probate Documents Package in Indiana · Trust review in Indiana. See all legal services in Indiana.

Nearby states

Moving between states, or is the other party elsewhere? We also cover Revocable Living Trust in Illinois, Revocable Living Trust in Ohio, Revocable Living Trust in Michigan, Revocable Living Trust in Kentucky. See every location we cover.

Frequently asked questions

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Related guides

This guide is general information, not legal advice for your situation. Every case is different — speak to a qualified attorney before you act.