Detailed Answer

Short answer: A will by itself usually does not avoid probate in Indiana. To keep assets out of probate you generally need to use tools that transfer ownership automatically at death—beneficiary designations, payable-on-death accounts, joint ownership with rights of survivorship, transfer-on-death mechanisms where available, or a properly funded revocable living trust. Which tools will work best depends on the types of assets you own and how they are titled.

Why a will usually doesn’t avoid probate

A will directs how property titled in your name should be distributed after you die, but in Indiana most probate courts must still review the will and supervise distribution of the decedent’s individually owned property. The Indiana probate statutes and procedures govern this process; see Indiana Code, Title 29 (Probate & Estate administration) for the governing law: https://iga.in.gov/legislative/laws/2024/ic/titles/29.

Common ways to avoid probate in Indiana

• Beneficiary designations: Retirement accounts (IRAs, 401(k)s), life insurance policies, many annuities, and some brokerage accounts let you name a beneficiary. Those assets pass directly to the named beneficiary at death and do not go through probate.
• Payable-on-death (POD) / Transfer-on-death (TOD) accounts: Bank accounts, certificates of deposit, and some brokerage accounts can be titled POD or TOD to a beneficiary. These transfer by contract when you die and avoid probate.
• Joint ownership with rights of survivorship: If you own property jointly with another person as joint tenants with rights of survivorship or tenants by the entirety (for spouses where available), ownership passes automatically to the survivor and bypasses probate. Be careful—joint ownership changes control and creditor exposure during life.
• Transfer-on-death deeds or beneficiary deeds (real estate): Some states permit a transfer-on-death deed that names a beneficiary who receives title upon the owner’s death without probate. Whether and how Indiana recognizes such deeds or alternative mechanisms for real property is governed by property law; see Indiana Code, Title 32 (Property): https://iga.in.gov/legislative/laws/2024/ic/titles/32. If transfer-on-death deeds are not available or suitable for your situation, other options (like a trust) may apply.
• Revocable living trust: If you transfer assets (including real estate) into a revocable trust during your lifetime and name beneficiaries of the trust, those assets generally pass to beneficiaries under the trust terms without probate. Trusts require correctly retitling assets into the trust name and ongoing administration.

How these tools interact with a will

Beneficiary designations and account titling control who gets those assets, and those designations usually override instructions in a will. For example, if your will leaves your IRA to your children but the IRA lists your spouse as beneficiary, the IRA will pass to the spouse outside probate under the IRA beneficiary designation. That is why coordination matters: review and align wills, beneficiary forms, account titles, and trust documents so they match your goals.

Practical steps to carry out your plan in Indiana

1. Make an organized inventory of all assets and how each is titled (individual name, joint tenants, TOD/POD, trust, beneficiary on file).
2. For assets you want to pass outside probate, use beneficiary designations (IRAs, life insurance), POD/TOD registrations (bank or broker accounts), or retitle to joint ownership where appropriate.
3. For real estate or to cover multiple asset types uniformly, consider a revocable living trust and retitle assets into the trust.
4. Update beneficiary forms after major life events (marriage, divorce, birth, death, move) and add contingent beneficiaries in case a primary beneficiary predeceases you.
5. Keep records of beneficiary forms, deeds, trust documents, and account statements in a safe place and tell a trusted person how to find them.
6. Consult an Indiana estate-planning attorney to confirm that your documents are valid under Indiana law and that account retitling and beneficiary designations accomplish your goals.

Special issues to watch for

• Conflicts: Mismatched beneficiary forms and wills cause surprises. Beneficiary designations usually control.
• Taxes and creditor claims: Avoiding probate does not eliminate creditor claims or possible estate tax issues (federal tax rules may apply). Getting assets outside probate can affect eligibility for certain benefits.
• Joint ownership risks: Putting property in joint names can expose assets to the joint owner’s creditors and may affect Medicaid eligibility or estate planning goals.
• Real property: Real estate often requires special handling (deeds, trusts). Confirm the correct Indiana procedure before relying on a deed or joint title to avoid probate.

Helpful Hints

• Review beneficiary designations annually or after major life events.
• Name both primary and contingent beneficiaries to prevent intestacy for that asset.
• Coordinate your will, beneficiary forms, account titles, and any trust documents—don’t let only the will control your plan.
• Retitle assets into a trust well before you need it; simply signing a trust document does not move assets unless title is changed.
• Be cautious about using joint ownership just to avoid probate—discuss creditor exposure and control issues with counsel.
• Keep clear records and tell an executor or trusted family member where to find documents and account login information.
• If you own property in more than one state, seek advice about how that out-of-state property will be handled; multiple probates may be required.
• Ask an Indiana-licensed estate planning attorney to review your plan before you rely on it—laws and forms must be correct to be effective.

Resources and statute references

Indiana probate and estate laws: Indiana Code, Title 29 (Probate & Estate Administration): https://iga.in.gov/legislative/laws/2024/ic/titles/29

Indiana property law (for deeds and titling issues): Indiana Code, Title 32 (Property): https://iga.in.gov/legislative/laws/2024/ic/titles/32

Disclaimer

This article explains general information about Indiana law and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed attorney in Indiana.