Free Indiana Small Estate Affidavit

In Indiana, the Small Estate Affidavit covers estates valued at $100,000 or less, 45 days after death, presented directly to the bank or other holder, not filed with a court.

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The Indiana affidavit identifies the claiming successor and the basis of entitlement.

State Where the Property Is Collected*

The decedent's state. Only states where this tool prepares the affidavit are listed.

Your Full Legal Name*

The successor signing the affidavit.

Your Entitlement to the Property*

Street Address*

City*

State

ZIP Code*

Telephone

Email Address*

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No. Indiana publishes no statewide form; the affidavit is prepared to the statute, which lists 6 statements the affidavit must contain.

In Indiana, estates valued at $100,000 or less skip probate with the Small Estate Affidavit, 45 days after death. Real property is outside the affidavit, which reaches personal property only. Indiana sets the limit by the decedent's date of death; an earlier death may be measured against a lower figure. An estate over the limit does not qualify, and no affidavit is prepared for it.

45 days after the death. The affidavit states that the period has passed, so it cannot be signed earlier.

The Small Estate Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. The person indebted to the decedent or having possession of personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent. An insurance company owing a death benefit to the estate is considered a person indebted to the decedent (subsec. (e)); safe-deposit-box contents held by a financial institution count as personal property in its possession (subsec. (f)); a transfer agent must change registered ownership of securities on presentation (subsec. (d)); and the distributee has a personal representative's rights under IC 32-39 to access the decedent's digital assets (subsec. (g)).

A distributee claiming to be entitled to payment or delivery of property of the decedent as alleged in the affidavit (the affidavit is made by or on behalf of the distributee, and may claim on behalf of each distributee identified in it).

Small Estate Collection in Indiana

Indiana publishes no statewide form; the affidavit is prepared to the statute. The statute lists 6 statements the affidavit must contain. Indiana's name for the procedure is “Small Estate Affidavit”, and it collects the decedent's property from whoever holds it without a probate case being opened.

The ceiling is $100,000; an estate over it does not qualify. Real estate is outside it; it reaches personal property. The ceiling is set by the decedent's date of death, so an earlier death may be measured against a lower figure. The affidavit may be signed 45 days after the death.

Indiana says who may sign: A distributee claiming to be entitled to payment or delivery of property of the decedent as alleged in the affidavit (the affidavit is made by or on behalf of the distributee, and may claim on behalf of each distributee identified in it).

Who receives it: The person indebted to the decedent or having possession of personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent. An insurance company owing a death benefit to the estate is considered a person indebted to the decedent (subsec. (e)); safe-deposit-box contents held by a financial institution count as personal property in its possession (subsec. (f)); a transfer agent must change registered ownership of securities on presentation.

The effect on the holder and on the successor: The person paying, delivering, transferring, or issuing personal property pursuant to the affidavit is discharged and released to the same extent as if the person dealt with a personal representative, and is not required to see to the application of the property or inquire into the truth of any statement in the affidavit (IC 29-1-8-2). Recipients remain answerable to any personal representative or person with a superior right.

SimplyTrust Editorial·Updated September 8, 2026

Legal Sources

Data sourced from Indiana statutes and official state code. How we research.

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Free Indiana Small Estate Affidavit

In Indiana, the Small Estate Affidavit covers estates valued at $100,000 or less, 45 days after death, presented directly to the bank or other holder, not filed with a court.

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Small Estate Collection in Indiana

Free Indiana Small Estate Affidavit

Your Information

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Free Indiana Small Estate Affidavit

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