Indiana Small Estate Affidavit

A person who plans to assert that they have grounds to obtain a small estate to the value of $50,000 or less in the state of Indiana has two options: 1) Initiate probate (a drawn-out and expensive process that involves going through the court) or 2) Use an Indiana Small Estate Affidavit. If they select the latter, they simply need to present any individual who is indebted to the Decedent in some way with the completed Affidavit to receive the payment or personal property they are due.

Additional Considerations

In cases where a motor vehicle or watercraft is part of the Decedent’s estate, state law (§ 29-1-8-1(c)) permits the transfer of the certificate of title, provided that:

  • It has been five (5) days since the day the Decedent died, and
  • A personal representative has not or will not be appointed.

Laws & Required Conditions

Laws: § 29-1-8-1

Maximum Estate Value: $50,000

Required Conditions: Although relative to initiating probate, a Small Estate Affidavit is a straightforward process, it nevertheless must be made in accordance with state law. State law, specifically § 29-1-8-1(b) mandates that the Affidavit is required to state:

  • The estate’s value is $50,000 or less,
  • It has been forty-five (45) days since the day the Decedent died,
  • No application or petition exists in any jurisdiction for the appointment of a personal representative,
  • The name/s and address/es of each distributee,
  • The part of the property each distributee is entitled to, and
  • The applicant has given due notice to each distributee of their intentions in regards to the Affidavit and that they are “entitled to payment or delivery of the property on behalf of each distributee identified in the Affidavit.”