Indiana Small Estate Affidavit

Introduction

Key Things to Know

1. 1

   A small estate affidavit is a sworn statement that lets a decedent's distributee collect the decedent's personal property, such as a bank account, securities, or a vehicle, without opening a full probate case in Indiana.

2. 2

   The affidavit is available when the value of the gross probate estate, wherever located, less liens, encumbrances, and reasonable funeral expenses, does not exceed $100,000, for the estate of an individual who dies after June 30, 2022 (Indiana Code Section 29-1-8-1).

3. 3

   It may not be used until 45 days have elapsed since the death of the decedent (Indiana Code Section 29-1-8-1). A certificate of title to a motor vehicle or watercraft may be transferred by the bureau of motor vehicles after only 5 days.

4. 4

   The affidavit reaches personal property only, including debts, securities, insurance benefits payable to the estate, safe deposit box contents, and digital assets; real property is handled through a separate affidavit under Indiana Code Section 29-1-8-3.

5. 5

   The affiant must swear that no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction (Indiana Code Section 29-1-8-1).

6. 6

   Indiana requires the affidavit to list each distributee entitled to a share and the part each is entitled to, and to state that the affiant has notified each distributee of the intention to present the affidavit (Indiana Code Section 29-1-8-1).

7. 7

   The distributee presents the signed affidavit directly to the person holding the asset rather than filing it with a court; the affidavit is signed under the penalties for perjury.

Indiana Requirements for Small Estate Affidavit

• 45-Day Waiting Period

  In Indiana the affidavit may not be used until 45 days have elapsed since the death of the decedent (Indiana Code Section 29-1-8-1). One exception: a certificate of title to a motor vehicle or watercraft may be transferred by the bureau of motor vehicles after only 5 days if no personal representative is contemplated.

• $100,000 Qualifying Value Limit

  The affidavit is available when the value of the gross probate estate, wherever located, less liens, encumbrances, and reasonable funeral expenses, does not exceed $100,000, for the estate of an individual who dies after June 30, 2022 (Indiana Code Section 29-1-8-1). The prior figure was $50,000 for deaths before July 1, 2022.

• Value Measured on the Gross Probate Estate

  The $100,000 limit is measured on the gross probate estate, wherever located, less liens, encumbrances, and reasonable funeral expenses (Indiana Code Section 29-1-8-1). Because those items are subtracted, the countable amount can be lower than the total value of what the decedent owned.

• Personal Property Only

  The Indiana Code Section 29-1-8-1 affidavit reaches personal property only, including debts, securities, insurance benefits payable to the estate, safe deposit box contents, and digital assets. Real property is handled through a separate affidavit under Indiana Code Section 29-1-8-3.

• No Personal Representative Pending

  The affiant must swear that no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction (Indiana Code Section 29-1-8-1). If probate has already been opened, the affidavit is not available.

• List and Notify Each Distributee

  Indiana requires the affidavit to list each distributee entitled to a share and the part each is entitled to, and to state that the affiant has notified each of them of the intention to present the affidavit (Indiana Code Section 29-1-8-1). This is a state-specific requirement.

• Presented to the Asset Holder, Not Filed

  The Indiana affidavit is presented directly to the person or institution holding the asset, such as a bank, transfer agent, or insurer, not filed with a court, and a motor vehicle or watercraft title goes to the bureau of motor vehicles (Indiana Code Section 29-1-8-1).

• Who May Be the Affiant

  The affidavit is made by or on behalf of a distributee entitled to payment or delivery of the property (Indiana Code Section 29-1-8-1), and is signed under the penalties for perjury. The affiant collects on behalf of every distributee, so the shares and notifications must be accurate. Do not sign if the facts are uncertain.