Settle a small estate in Indiana without probate
In Indiana this is called: Small estate affidavit (affidavit for transfer of assets without administration); summary procedure. If the person's probate estate, minus liens and funeral costs, is $100,000 or less (deaths after June 30, 2022), the people who inherit can collect personal property with an affidavit after 45 days, without a court case.
Up to $100,000 (deaths on or after July 1, 2022), 45 days after the death, no court filing.
Checked against official sources: October 30, 2026.
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Free tools
Small estate checker
Add up the estate and compare it with the Indiana limit for the date of death.
Letter to a bank
Present your signed affidavit to a bank or other holder in Indiana.
Balance request letter
Ask a bank or holder for the balance on the date of death.
What-to-gather checklist
Papers, steps, forms and fees for Indiana, by procedure.
Car, bank, house in Indiana
Car or other vehicle
Five days after the death, if no personal representative is expected to be appointed, the distributees can transfer a vehicle or watercraft title with the Affidavit for Transfer of Certificate of Title for a Vehicle/Watercraft Without Administration and a copy of the death certificate.
Bank accounts
Joint accounts with survivorship and POD/TOD accounts go to the surviving owner or beneficiary. For an account in the person's name alone, a distributee can use the small estate affidavit after 45 days.
House or land
An owner (or the owner's legal representative) can sign a transfer on death deed so Indiana real estate passes to a named beneficiary at death.
Related pages
- Small estate affidavit in Indiana
- Car title after a death in Indiana
- Bank accounts after a death in Indiana
- House without probate in Indiana
- Small estate checker for Indiana
- Letter to a bank in Indiana
- Balance request letter for Indiana
- What-to-gather checklist for Indiana
- All about small estates in Indiana
Small estate affidavit (affidavit for transfer of assets without administration)
A person who inherits signs an affidavit and gives it to the bank, company or person holding the property, which must then pay or hand it over. Nothing is filed with a court.
- Limit
Up to $100,000 (deaths on or after July 1, 2022) Counted after subtracting liens (what is owed on the property).
Date of death Limit On or after July 1, 2022$100,000July 1, 2006 to June 30, 2022$50,000On or before June 30, 2006$25,000For a death after June 30, 2022, the gross probate estate, minus liens, encumbrances and reasonable funeral expenses, cannot be more than $100,000. It was $50,000 for deaths from July 1, 2006, through June 30, 2022, and $25,000 for deaths before July 1, 2006.
- What counts
The gross probate estate, wherever located (in Indiana or elsewhere, real and personal), minus liens, encumbrances and reasonable funeral expenses. Property that passes outside probate is not part of it.
- Waiting period
At least 45 days must have passed since the death.
- Who can use it
A distributee (a person entitled to the property under the will or intestacy law), or someone acting on the distributee's behalf. The affidavit lists every distributee and their share, and the affiant must first notify each distributee of the plan to present it.
- Court or where to file
Not filed with a court. You give it to the holder of the property.
- Notary
It is an affidavit (sworn statement). County court forms are notarized or signed under penalty of perjury.
- Papers to attach
- Certified copy of the death certificate (holders and the BMV ask for it)
- Copy of the probated will, if the claim is under a will
- Description of the property and each distributee's share
- Steps
- Wait until at least 45 days after the death.
- If you need balances to check the limit, give each holder a date-of-death value affidavit; it must answer within three business days.
- Notify each distributee that you plan to present the affidavit.
- Fill in the affidavit with the required statements and sign it.
- Give it to each bank, company or person holding the property, then distribute the shares.
- Fee
No court filing fee, because the affidavit is not filed with a court.
- Debts and responsibility
Anyone who receives property this way must answer for it to a personal representative appointed later, or to anyone with a better right to it.
- What the bank or holder must do
On a proper affidavit, the holder must pay the debt or deliver the property, and a transfer agent must re-register securities. The holder is released as if it had dealt with a personal representative and need not check the affidavit. If it refuses, the property can be recovered in court. A distributee can also give the affidavit to the probate court, which may order without a hearing that the distributees are entitled to the property; the court may award attorney's fees and costs if the holder (other than an insurer) acted in bad faith or did not respond within 30 business days.
Law: Ind. Code secs. 29-1-8-1, 29-1-8-1.5, 29-1-8-2, 29-1-8-4.5
Source: Official page
Summary procedure for small estates (with recorded real estate affidavit)
In an estate opened in court, the personal representative of an unsupervised estate (or a court-appointed fiduciary) can pay out and distribute a small estate without notice to creditors, record an affidavit for any real estate, and close with a short statement.
- Limit
Up to $100,000 (deaths on or after July 1, 2022) Counted after subtracting liens (what is owed on the property).
Date of death Limit On or after July 1, 2022$100,000July 1, 2006 to June 30, 2022$50,000On or before June 30, 2006$25,000For a death after June 30, 2022: $100,000 plus administration costs and reasonable funeral expenses ($50,000 for deaths July 1, 2006 - June 30, 2022; $25,000 before July 1, 2006).
- What counts
The gross probate estate minus liens and encumbrances. The limit is the dollar amount for the date of death, plus the costs of administration and reasonable funeral expenses.
- Waiting period
The law sets no waiting period. After the closing statement is filed, the estate closes if nothing is filed within two months.
- Who can use it
The personal representative of an unsupervised estate, or a person the court appointed to act for the decedent or distributees.
- Court or where to file
The probate court where the estate is opened; the real estate affidavit is recorded with the county recorder where the property is.
- Papers to attach
- Real estate affidavit with the legal description, the required statement for the date of death, each person's share and how it was figured
- Copy of the recorded real estate affidavit attached to the closing statement
- Steps
- Open the estate and be appointed personal representative (unsupervised) or fiduciary.
- Pay costs, funeral expenses and debts as required, and distribute the estate to the people entitled to it.
- If there is real estate, record the affidavit with the county recorder.
- File a verified closing statement and send copies to distributees and known creditors.
- If no objection is filed within two months, the estate is closed.
- Fee
Court filing and county recorder fees apply; ask the clerk and recorder.
Law: Ind. Code secs. 29-1-8-3, 29-1-8-4
Source: Official page
What counts toward the limit in Indiana
Add up the gross value of the person's probate estate, wherever located, including real estate. Subtract liens and encumbrances (such as a mortgage or car loan) and reasonable funeral expenses. Leave out property that passes outside probate.
Law: Ind. Code 29-1-8-1(b)(1)
In this state the total is counted after subtracting liens.
| Kind of property | How it is treated | Details |
|---|---|---|
Bank accounts in the person's name alone | Counts | Accounts in the person's name alone, with no surviving owner or POD/TOD beneficiary, are probate property and count. Law: IC 29-1-8-1(b)(1) |
Joint or payable-on-death (POD) bank accounts | Left out | Joint accounts with survivorship and POD/TOD accounts pass outside probate and are not part of the gross probate estate. Law: IC 29-1-8-1(b)(1) |
Cars and other vehicles | Counts | A vehicle is probate property and counts toward the limit. The BMV can transfer the title five days after the death with its own affidavit. Law: IC 29-1-8-1(b)(1), (c) |
Boats and mobile or manufactured homes | Counts | Watercraft and other personal property count. The BMV can transfer a watercraft title with its affidavit. Law: IC 29-1-8-1(c) |
Real estate in Indiana | Counts | Indiana real estate in the person's name counts, minus mortgages and liens. The affidavit itself cannot transfer real estate. Law: IC 29-1-8-1(b)(1) |
Main home (primary residence) | Counts | The home counts at its value minus the mortgage and other liens. Law: IC 29-1-8-1(b)(1) |
Real estate in another state | Counts | The limit covers the gross probate estate 'wherever located', so property in other states counts too (minus liens). Law: IC 29-1-8-1(b)(1) |
Unpaid wages owed to the person | Counts | Money owed to the person, such as unpaid wages, counts. Law: IC 29-1-8-1(a) |
Military pay owed to the person | Not clear | The small estate law does not mention military pay. Law: IC 29-1-8-1 |
Life insurance or retirement money paid to a named person | Left out | Insurance and retirement benefits paid to a named beneficiary pass outside probate and are not counted. Law: IC 29-1-8-1(b)(1) |
Life insurance or retirement money paid to the estate | Counts | An insurance death benefit payable to the estate counts, and the insurer must pay on the affidavit. Law: IC 29-1-8-1(e) |
Property in a living trust | Left out | Property in a living trust is not part of the probate estate. Law: IC 29-1-8-1(b)(1) |
Property owned jointly with right of survivorship | Left out | Property held jointly with right of survivorship passes to the survivor outside probate. Law: IC 29-1-8-1(b)(1) |
Property going to a surviving spouse | Counts | Probate property counts even if it goes to the spouse under the will or intestacy law. Law: IC 29-1-8-1(b)(1) |
Stocks, bonds and brokerage accounts | Counts | Stocks in the person's name alone count; a transfer agent must re-register them on the affidavit. Law: IC 29-1-8-1(d) |
Furniture, jewelry and other belongings | Counts | Belongings count. Property in a safe deposit box is treated as held by the bank. Law: IC 29-1-8-1(a), (f) |
Source: Official page
Car or vehicle title after a death in Indiana
Five days after the death, if no personal representative is expected to be appointed, the distributees can transfer a vehicle or watercraft title with the Affidavit for Transfer of Certificate of Title for a Vehicle/Watercraft Without Administration and a copy of the death certificate. The claimant swears that the gross probate estate, less liens and encumbrances, is $100,000 or less (the limit for deaths after June 30, 2022) and that no personal representative has been applied for or appointed. A vehicle titled with a transfer on death beneficiary goes to that beneficiary.
Law: Ind. Code secs. 29-1-8-1(c), 9-17-3-9
Source: State Form 18733
- Agency
- Indiana Bureau of Motor Vehicles (BMV)
- Waiting period
- 5 days after the death
- Fee
BMV title fees apply; ask the BMV.
- Transfer-on-death title
An owner can title a vehicle 'A.B. transfers on death to C.D.'. The beneficiary owns it at the owner's death; it is not testamentary and needs no delivery or consideration.
Source: Official page
Bank accounts after a death in Indiana
Joint accounts with survivorship and POD/TOD accounts go to the surviving owner or beneficiary. For an account in the person's name alone, a distributee can use the small estate affidavit after 45 days. Before that, you can give the bank an affidavit asking for the date-of-death balance and the names of known beneficiaries; it must answer within three business days, and a holder that refuses is liable to the estate (three times actual damages plus attorney's fees in a successful suit).
Law: Ind. Code secs. 29-1-8-1, 29-1-8-1.5
Source: Official page
Transfer-on-death (TOD) and payable-on-death (POD) in Indiana
- Real estate (TOD deed)
Yes · Transfer on death deed
An owner (or the owner's legal representative) can sign a transfer on death deed so Indiana real estate passes to a named beneficiary at death. It must be recorded with the county recorder before the owner dies, or it is void. It needs no consideration or delivery and can name a trust.
Law: Ind. Code sec. 32-17-14-11
- Vehicle title (TOD)
Yes
Law: Ind. Code sec. 9-17-3-9
- Bank account (POD)
Yes
Law: Ind. Code ch. 32-17-14 (Transfer on Death Property Act)
- Securities (TOD)
Yes
Law: Ind. Code ch. 32-17-14 (Transfer on Death Property Act)
Source: Official page
Surviving spouse in Indiana
The surviving spouse of an Indiana resident is entitled to a $25,000 allowance from the estate (if there is no spouse, it is divided among children under 18). It can be claimed against personal property, real estate or both; it is claimed in a probate case.
Debts of the person in Indiana
A person who receives property by small estate affidavit must answer for it to a personal representative appointed later or to anyone with a better right. Medicaid's claim for a recipient 55 or older is a preferred claim, paid after limited funeral, last-illness and administration expenses.
Medicaid estate recovery in Indiana
Indiana seeks to recover what Medicaid paid after the recipient turned 55. For estate recovery, Indiana counts more than the probate estate: it includes non-probate transfers (such as POD or joint bank accounts, and revocable trust assets transferred after May 1, 2002) and real estate passed by joint tenancy created after June 30, 2002. Life insurance with a named beneficiary and personal effects, ornaments and keepsakes are not recovered. No recovery is made while there is a surviving spouse, a child under 21, or a blind or disabled child. A notice of administration for a decedent who was 55 or older must be sent to Estate Recovery. Undue hardship waiver applications must be submitted within 90 days of the date of the claim (phone 877-267-0013 or EstateRecovery@fssa.in.gov).
Law: Ind. Code secs. 12-15-9-0.5, 12-15-9-1, 12-15-9-2, 12-15-9-5, 12-15-9-6
- Agency
- Indiana Family and Social Services Administration (FSSA), Medicaid Estate Recovery Program
- Phone
- 877-267-0013
- Official page
- Official page
Who inherits with no will in Indiana
If there is no will: the surviving spouse gets half if there are children (or descendants of a deceased child), three-fourths if there are no descendants but a parent survives, and everything if there are no descendants or parents. A second or later childless spouse gets a smaller share of real estate when the person left children from an earlier marriage. The rest goes to the children (and descendants of deceased children); then parents, brothers and sisters (each parent gets at least one-fourth); then nieces and nephews; then grandparents; then aunts and uncles.
Law: Ind. Code sec. 29-1-2-1
Source: Official page
Death certificates in Indiana
Certified copies are ordered from the Indiana Department of Health Vital Records (online through VitalChek, by phone at (866) 601-0891, or by mail with State Form 49606) or from the local health department. At the state office the fee is $8.00 for the first death certificate and $4.00 for each additional copy in the same order; the fee is a search fee and is not refunded if no record is found. Proof of identity is required.
Law: IC 16-37-1-11
- Where to get it
- Indiana Department of Health, Vital Records, or the local health department in the county where the death happened
- Official page
- Official page
Where to file in Indiana
The small estate affidavit is not filed with a court; it goes to the bank or holder (a distributee may also present it to the probate court for an order). Vehicle affidavits go to the BMV. Real estate in a small estate is handled in a probate case opened in the county where the person lived, with an affidavit recorded with the county recorder where the real estate is.
Good to know in Indiana
- Indiana's $100,000 limit counts the gross probate estate wherever located, including real estate, minus liens, encumbrances and reasonable funeral expenses.
- The BMV can transfer a car title only five days after the death with State Form 18733.
- A bank or other holder must give the date-of-death value to a person presenting a value affidavit within three business days.
National rules that apply in every state
Federal estate tax
- For a person who died in 2026, a federal estate tax return (Form 706) is required only if the gross estate, plus certain lifetime taxable gifts, is more than $15,000,000.
- Most estates owe no federal estate tax and do not need to file a federal estate tax return.
Law: 26 U.S.C. 2010(c)(3) (as amended by Pub. L. 119-21)
The final income tax return
- Report all income up to the date of death and claim all eligible credits and deductions.
- Someone must file the final federal income tax return of a person who died, the same way it would have been filed if they were alive.
- To claim a refund due to the person who died, attach Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer).
Law: Form 1310 instructions (Rev. December 2025)
Social Security
- Social Security retirement benefits are paid through the month before the month the person died.
- If the person had enough Social Security work credits (was fully or currently insured), a one-time death payment of $255 (or three times the person's basic benefit, if that is smaller) can be paid to a surviving spouse who lived with the person.
Law: 42 U.S.C. 402(a), 402(i)
Savings bonds
- If the person's savings bonds and other Treasury securities held directly with the Treasury are worth more than $100,000 at the date of death, the Treasury requires a court-administered estate.
Law: 31 CFR 353.71; FS Form 5336 (Rev. April 2026)
Debts
- Debts are generally paid from the money and property the person left (the estate).
- If the estate cannot pay a debt and no one else shared responsibility for it, the debt may go unpaid.
- You may have to pay if you co-signed the loan, were a joint account holder on a credit card (not just an authorized user), or state law makes a spouse responsible for certain debts, such as in community property states or states with laws on necessary costs like health care.
Law: 12 CFR 1006.6(a)(4)
A house with a mortgage
- For a home with fewer than five units, a lender may not call the whole loan due just because the home passes to a relative after the borrower's death, to a spouse or children who become owners, or to a surviving joint owner.
- Https://www.consumerfinance.gov/ask-cfpb/how-do-i-get-mortgage-information-about-a-home-i-inherited-en-217/
- Https://www.consumerfinance.gov/ask-cfpb/i-recently-inherited-a-house-the-mortgage-lender-said-its-required-to-determine-my-ability-to-repay-before-it-will-let-me-take-over-the-mortgage-loan-is-this-true-en-1939/
Law: 12 U.S.C. 1701j-3(d)(3), (5), (6); 12 CFR 1024.30(d), 1024.31
FDIC insurance on bank accounts
- After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured.
Law: 12 CFR 330.3(j)
Medicaid estate recovery
- States must try to recover some Medicaid costs from the estate of a person who got benefits at age 55 or older: nursing facility services, home and community-based services, and related hospital and prescription drug services.
- The 'estate' includes at least the property in the person's probate estate under state law.
- Https://www.govinfo.gov/link/uscode/42/1396p?type=usc&year=mostrecent&link-type=html
Law: 42 U.S.C. 1396p(b)
Death certificates
- Certified copies of a death certificate come from the vital records office of the state where the death happened, not from the federal government.
Free help in Indiana
A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.
- Indiana Legal Help (court-supported legal information and help finder)
- Indiana Legal Services
- Indiana Judicial Branch Self-Service Legal Center
- LawHelp.org
- Legal Services Corporation (LSC) - Find legal aid
- Eldercare Locator · 1-800-677-1116
- Consumer Financial Protection Bureau (debt collection and mortgage complaints) · (855) 411-2372
More help on our sister sites
Questions about small estates in Indiana
What is a small estate affidavit called in Indiana?
In Indiana this is called: Small estate affidavit (affidavit for transfer of assets without administration); summary procedure. If the person's probate estate, minus liens and funeral costs, is $100,000 or less (deaths after June 30, 2022), the people who inherit can collect personal property with an affidavit after 45 days, without a court case.
What is the small estate limit in Indiana?
Up to $100,000 (deaths on or after July 1, 2022), 45 days after the death, no court filing.
How long do I wait in Indiana?
At least 45 days must have passed since the death.
Do I have to go to court in Indiana?
Not filed with a court. You give it to the holder of the property.
How do I transfer a car after a death in Indiana?
Five days after the death, if no personal representative is expected to be appointed, the distributees can transfer a vehicle or watercraft title with the Affidavit for Transfer of Certificate of Title for a Vehicle/Watercraft Without Administration and a copy of the death certificate.
What happens to a bank account after a death in Indiana?
Joint accounts with survivorship and POD/TOD accounts go to the surviving owner or beneficiary. For an account in the person's name alone, a distributee can use the small estate affidavit after 45 days.
Who inherits in Indiana if there is no will?
If there is no will: the surviving spouse gets half if there are children (or descendants of a deceased child), three-fourths if there are no descendants but a parent survives, and everything if there are no descendants or parents.
Do I owe the person's debts in Indiana?
A person who receives property by small estate affidavit must answer for it to a personal representative appointed later or to anyone with a better right. Medicaid's claim for a recipient 55 or older is a preferred claim, paid after limited funeral, last-illness and administration expenses.
- Indiana Code 2026, Title 29 (official IGA PDF): IC 29-1-8, 29-1-2-1, 29-1-4-1
- Indiana Code 2026, Title 32 (IC 32-17-14 Transfer on Death Property Act)
- Indiana Code 2026, Title 9 (IC 9-17-3-9)
- Indiana Code 2026, Title 12 (IC 12-15-9)
- BMV State Form 18733
- State Form 49377 (State Comptroller)
- Clark County Clerk small estate affidavit
- FSSA Medicaid Estate Recovery
- Indiana Department of Health: Order vital records (fees)