Free Indiana Small Estate Affidavit

Prepare the Indiana small estate affidavit for estates up to $100,000, plus presentation letters for each holder. IC 29-1-8-1 to 29-1-8-2.

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Your Information

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

Skipping probate?Settle the whole estate in one place.

State Where the Property Is Collected*

The decedent's state. Only states where this tool prepares the affidavit are listed; other states' pages explain their procedure.

Your Full Legal Name*

The successor signing the affidavit.

Your Entitlement to the Property*

Street Address*

City*

State

ZIP Code*

Telephone

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Frequently Asked Questions About Indiana Small Estate Affidavits

No statewide form. IC 29-1-8-1(b)(1)-(6) sets what the affidavit must state, and the affidavit is drafted to those requirements; the required elements print with the document as a checklist.

$100,000, per IC 29-1-8-1 to 29-1-8-2. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

45 days after the death (IC 29-1-8-1 to 29-1-8-2). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.

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). IC 29-1-8-1(a), (b).

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)).

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.

The valuation gate is the gross probate estate (which includes real property) less liens, encumbrances, and reasonable funeral expenses, but the affidavit itself only compels payment of indebtedness and delivery of personal property and instruments; real estate cannot be transferred by the affidavit. Motor vehicles and watercraft get a faster path: the BMV transfers title 5 days after death on an affidavit stating the (b)(1) and (b)(6) conditions, executed by the distributees, when no personal representative appointment is contemplated (subsec. (c)). IC 29-1-8-1(b)(1), (c).

Small Estate Collection in Indiana

Indiana has no statewide affidavit form; IC 29-1-8-1(b)(1)-(6) sets what the affidavit must state, and the successor prepares the affidavit to those requirements. It collects the decedent's property without opening probate.

Eligibility runs on the numbers: the estate qualifies when its value does not exceed $100,000, per IC 29-1-8-1 to 29-1-8-2. The affidavit can be signed 45 days after the death.

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Frequently Asked Questions About Indiana Small Estate Affidavits

No statewide form. IC 29-1-8-1(b)(1)-(6) sets what the affidavit must state, and the affidavit is drafted to those requirements; the required elements print with the document as a checklist.

$100,000, per IC 29-1-8-1 to 29-1-8-2. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

45 days after the death (IC 29-1-8-1 to 29-1-8-2). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.

Small Estate Collection in Indiana

Eligibility runs on the numbers: the estate qualifies when its value does not exceed $100,000, per IC 29-1-8-1 to 29-1-8-2. The affidavit can be signed 45 days after the death.

Free Indiana Small Estate Affidavit

Your Information

Frequently Asked Questions About Indiana Small Estate Affidavits