Create a Living Trust in Indiana

A living trust can help you avoid the cost and frustrations of probate. Find out more about living trusts in Indiana.

Find out more about Living Trusts

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create a living trust in indiana

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Updated on: February 6, 2024
Read time: 3 min

An Indiana living trust allows you to place your assets in trust during your life and have some control over them even after your death. A revocable living trust can be an important part of your estate planning.

Living trusts in Indiana

A living trust in Indiana is created by the settlor. He or she transfers assets so they are owned by the trust. A trustee is chosen to manage the trust, and often the settlor selects himself as trustee, with a successor trustee in place to take over after the settlor’s death. The trustee’s duty is to manage the assets for the benefit of the settlor during life. After the death of the settlor, the trustee distributes assets to the beneficiaries that are named in the trust. A revocable trust can be changed or canceled at any time during life. An irrevocable living trust is permanent from the date of signing.

For a trust to be valid in Indiana, the settlor must live in the state or have property there; or the trustee must live in the state or do business there.

When you create a living trust in Indiana, the assets owned by the trust do not go through probate after your death. Indiana does not utilize the Uniform Probate Code, so its procedures can be complex. Probate takes many months and involves the costs of a personal representative and an attorney. There is a simple probate process for estates valued at less than $50,000, but most people who own a home will exceed that amount and be subject to full probate.

Do I need a living trust in Indiana?

Living trusts are an option to consider when planning your estate. A living trust Indiana is a private contract that is not filed with a court or made part of the public record. This is often considered one of the most important benefits of a trust. The assets in the trust, terms of the trust, and beneficiaries remain secret.

Another benefit of a living trust is the control it offers over your assets. When you place your assets in the trust, you are able to use and control them as you normally would. You live in your house, use your car, and spend your money as you wish without restriction. After your death, the trust gives you control over the assets, allowing you to decide exactly when and how your beneficiaries will receive their distributions. If you passed your assets with a will, they would be distributed immediately upon probate. In addition, a trust is more difficult to contest than a will.

A revocable living trust protects you should you become mentally incapacitated. All of your assets are already controlled, owned, and managed by the trust and a conservatorship proceeding is likely unnecessary for you to have your financial life managed for your benefit.

Living trusts and estate taxes in Indiana

A living trust is not generally a vehicle you can use to avoid estate taxes. Indiana has no estate tax, however the federal estate tax applies. There is an exemption of $5 million but anything over that amount is taxable. Special types of trusts called AB trust, marital trusts, or QTIP trusts can be used to pass assets from a spouse to the surviving spouse, avoiding tax. Your living trust will not shield your assets from Medicaid.

How to create a living trust in Indiana

Creating a living trust in Indiana is simple. There is no specific form required and your trust document must simply be clear in its terms. You sign the document in front of a notary and then fund the trust by placing ownership of assets in its name.

A living trust provides many benefits that can be very appealing. Creating a trust can provide you with the control and flexibility that is important to you.

If you are ready to create a living trust in Indiana, LegalZoom can help. The process is simple and begins with a questionnaire. We review your answers and send your living trust package to you by mail.

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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

49 days ago
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Grateful to Patti Green

Patti Green helped me so much to finish my order. She was very patient and pleasant with me and guided me so well with my living trust. She made it clear and explained things that I could understand to finish this. She is an asset to your company and I would recommend her with excellence

CU
51 days ago
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I had no Idea what to do to update my…

I had no Idea what to do to update my Living Trust. They answered all my questions and they also helped me get info I did not know I needed.

Bryan Q
57 days ago
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Living Trust Premium

Our Representative, Stormy was fantastic! She stayed with us through the whole process. She was very helpful and thorough.

sremeikis
65 days ago
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I spoke to the representative today about a Trust...

I spoke to the representative today regarding a question about an existing Living Trust. She was very helpful - told me exactly what I needed to know and how to accomplish it. As a representative in the Financial field I guide clients all the time on where to get documents done right - and its always LegalZoom - easy and effecient!

Gareth
67 days ago
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LegalZoom

I was impressed by the user-friendly interface and the outstanding support I received while creating a Revocable Living Trust. The ability to connect with support representatives in real time to address my questions was incredibly valuable. For those looking to establish a straightforward trust, I can highly recommend LegalZoom.

TDM
73 days ago
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Rida has been very helpful with respect…

Rida has been very helpful with respect o guiding me through the process of properly revising the Living trust for my elderly parents. His patience has been exemplary.

Frantz Michel
81 days ago
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Elizabeth Tisdale

Elizabeth Tisdale, knowledgeable,been having problems with the forms in my living trust,for the past two weeks and had to pay every time, Elizabeth was patient with me and explained every detail until it was corrected,she get my 5 stars

MARIA CORONA
81 days ago
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Taking the Initiative

Taking the initiative to do the info. research on our living Trust...set up back in 2016..Made the call an efficient, as well as a pleasant experience. Very thorough and friendly. Set up our atty consultation Thanks for great service!

Vicki Switzer
88 days ago
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Carmen was so patient with me

Carmen was so patient with me! Thank you for all your direction and guidance with my living Trust! Great job!

Tina Garcia
91 days ago
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Tammy was wonderful and very…

Tammy was wonderful and very knowledgeable. It's because of her that I am going to open a living trust with legal zoom. She was great. Thank You

Erin
99 days ago
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Pleasant Experience

Patience and weel given explanation about the process of how a "Living Trust" & "Deed" works after transitioning and guidance on how to contact an attorney whenever I need legal advice.

Sharron Martin
99 days ago
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Excellent LegalZoom Attorney

The LegalZoom attorney was extremely helpful in the "walk thru" assistance as I prepared the Living Trust document. The service was excellent.

customer
108 days ago
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Happy with my initial contact with Legal Zoom

Rebecca fully answered my questions about creating a living trust. She is friendly and professional, and with my mind at ease, I am looking forward to starting this process with Legal Zoom. I am confident that this will be the best route for me to take to make things a lot easier for my family when I'm gone. (And, easy for me!) I plan to be in touch in the next several weeks. Thanks, Rebecca!

Carol
126 days ago
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Michelle very professionally guided me…

Michelle very professionally guided me with her knowledge and amazing patience through the entire process of setting up my Living Trust. I am so relieved and grateful for her help. I have used LegalZoom before and you are my go to for legal advice. Thank you again Michelle.

Paula Bateman
134 days ago
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Quality Staff

I needed to revise my entire living trust and had put it off for years. Your staff member Eden walked me through the process with such patience and concern. Had I known it would be so easy, I would have never put it off this long. A testament to you quality staff.

Ady Filipescu
143 days ago
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Really great job in guiding me to…

Really great job in guiding me to finish my living trust .

Ronnie Ball
149 days ago
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5 Stars

5 Stars – Outstanding Customer Service from Tammy at LegalZoom I had the pleasure of working with Tammy from LegalZoom regarding my living trust documents, and I couldn't be more impressed. She was professional, patient, and incredibly knowledgeable. Tammy took the time to walk me through every step, answered all my questions clearly, and made a complex process feel simple and stress-free. Her attention to detail and genuine care made all the difference. LegalZoom is lucky to have someone like her on their team. Thank you, Tammy!

Cn
149 days ago
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Ease and help of making changes to my…

Ease and help of making changes to my living trust. LegalZoom rep walked me through the process without any difficulties. Really like working with LegalZoom.

Gregory Bechtol
156 days ago
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Enjoyed working with Kevin to finalize…

Enjoyed working with Kevin to finalize our Living Trust language. His knowledge on this product certainly increases our confidence in the viability of the final document.

JOHN in CALIFORNIA
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