Small estate affidavit in Indiana: who can use it and how

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.

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.

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	$100,000
July 1, 2006 to June 30, 2022	$50,000
On or before June 30, 2006	$25,000

For 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.

Forms

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

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

Questions about small estates in Indiana

How long must I wait to use the affidavit in Indiana?

At least 45 days must have passed since the death.

What does the affidavit cost in Indiana?

No court filing fee, because the affidavit is not filed with a court.

Am I responsible for debts if I use the affidavit in Indiana?

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.

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.