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Small estate affidavit in Indiana (2026)

In Indiana, heirs can collect up to $100,000 without probate with a sworn affidavit (Small estate affidavit (IC 29-1-8-1)). You must wait 45 days after the death. Real estate: separate procedure (up to $100,000). Last checked .

Indiana at a glance

Affidavit cap
$100,000
Applies to
deaths after 2022-06-30
Value counted
Net value (after liens and encumbrances)
Waiting period
45 days
If there is a will
Can still be used
File with a court
No
Real estate
Separate procedure (up to $100,000)
Court shortcut
Summary disbursement and closing of small estates (IC 29-1-8-3, 29-1-8-4) (up to $100,000)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

Enter the date of death and the value

    Indiana cap for this date of death

    $100,000

    A worked example for Indiana

    Say a parent who lived in Indiana died on March 1, 2026, leaving $80,000 in a bank account in their name only and no house. $80,000 is within the $100,000 cap for that date of death, so the family can use the affidavit from April 15, 2026. Had the death been in an earlier period, the cap would have been $50,000.

    The rules in Indiana

    • The affidavit. After 45 days, a distributee (or someone on their behalf) gives the affidavit to anyone owing the decedent money or holding personal property, insurers paying the estate, transfer agents and safe-deposit holders, who must pay or deliver. Not filed with a court; if a holder refuses, the court can order delivery on the same affidavit (IC 29-1-8-4.5).
    • Cap. The probate estate, after liens, encumbrances and reasonable funeral costs, must not exceed $100,000 for deaths after June 30, 2022.
    • What counts. Value of the gross probate estate wherever located, less liens, encumbrances and reasonable funeral expenses (probate real estate counts toward the value).
    • What doesn't count. Non-probate assets such as jointly owned property and assets with a named beneficiary (e.g., life insurance, POD/TOD) are not in the probate estate.
    • Earlier caps. $50,000: deaths 2006-07-01 to 2022-06-30
    • Waiting period. 45 days must have passed since the death (vehicle/watercraft title transfer can be done after 5 days).
    • Conditions. No application or petition to appoint a personal representative pending or granted anywhere; affidavit lists each distributee and their share, and the affiant must have notified each distributee of the intent to present the affidavit.
    • Who can sign. A distributee entitled to the property, or someone acting on behalf of the distributees, who states they are entitled to receive it on behalf of each listed distributee.
    • Court filing. No filing needed to use the affidavit; optional court order under IC 29-1-8-4.5 if a holder refuses.

    Houses, land and vehicles

    • Real estate. For an estate within the same $100,000 (plus administration costs and reasonable funeral expenses) limit, an affidavit with the legal description, the statutory value statement, each person's share and how it was determined may be recorded with the county recorder where the land is. The statute places this in the summary disbursement procedure of IC 29-1-8-3.
    • Vehicles. After 5 days, the BMV transfers title on an affidavit signed by the distributees stating the $100,000 condition (State Form 18733, Affidavit for Transfer of Certificate of Title ... Without Administration) plus a death certificate.

    When the affidavit isn't enough

    Where the gross probate estate less liens is no more than $100,000 plus administration costs and reasonable funeral expenses, a personal representative of an unsupervised estate or a court-appointed fiduciary may distribute without notice to creditors and close with a verified closing statement; the closing becomes final if nothing is filed within 2 months.

    Good to know in Indiana

    • Limits by date of death: $25,000 before July 1, 2006; $50,000 July 1, 2006 to June 30, 2022; $100,000 after June 30, 2022.
    • A court may award attorney fees against a holder who refused the affidavit in bad faith or did not respond within 30 business days (IC 29-1-8-4.5).
    • Statute text from the official 2026 Indiana Code Title 29 PDF on iga.in.gov.
    • Before using the affidavit, a person can present a sworn affidavit to banks, insurers and other holders asking for date-of-death values to test the $100,000 cap; they must answer within 3 business days (IC 29-1-8-1.5; does not cover real estate or safe-deposit contents).
    • State Form 54985 is the Department of Workforce Development version for unemployment-benefit accounts only, not a general small estate affidavit.

    Official help and forms

    Sources

    Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.

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