How to Confirm Whether a Bank Account Qualifies for Indiana’s Small‑Estate Affidavit
Short answer: Identify who legally owns the account, gather recent statements, check for payable‑on‑death or joint owner designations, and total the decedent’s personal property located in Indiana. If the total qualifying personal property falls at or below the small‑estate threshold in Indiana law, you may be able to use the affidavit procedure instead of formal probate. (See the statute noted below.)
Detailed answer — step‑by‑step
1. Confirm the applicable small‑estate threshold
Indiana statutory law sets the dollar limit that determines when the simplified small‑estate affidavit procedure applies. Before you spend time gathering documents, confirm the current threshold in the Indiana Code for “affidavit for collection of personal property” (the small‑estate process). The state code for probate and small estates is in Title 29 of the Indiana Code. You can review the statutes at the Indiana General Assembly website: https://iga.in.gov. The specific small‑estate provisions are in the probate (Title 29) chapters on collection of small estates.
2. Determine who is the legal owner of the bank account
- If the account is solely in the decedent’s name, its balance is part of the decedent’s estate (subject to any beneficiary designations or liens).
- If the account is a joint account with rights of survivorship, the survivor typically becomes the owner automatically and those funds generally do not pass through probate.
- If the account is payable‑on‑death (POD) or has a designated beneficiary, the funds go directly to the named beneficiary and normally are not part of the probate estate.
3. Get current balances and documentation from the bank
- Contact the bank by phone or visit a branch. Explain you are handling a decedent’s affairs and ask what documents they need (typically a certified death certificate and photo ID of the person asking).
- Request an official account balance or a recent statement for the date of death (or current balance if the bank provides that).
- Ask the bank to confirm whether the account is titled as sole, joint with rights of survivorship, or POD/beneficiary designated. Ask whether the bank treats it as payable to a beneficiary outside probate.
4. Add up all qualifying personal property located in Indiana
The small‑estate affidavit typically applies to personal property (cash, bank accounts, investment accounts, vehicles, personal effects) located in the state. Real property (land, houses) is usually excluded. To determine eligibility you must total the value of the decedent’s qualifying personal property that would be subject to the affidavit procedure. Include the balance of the bank account(s) that are probate assets. Exclude items that pass outside probate (POD, joint with survivorship) and assets located outside Indiana if the statute limits application to in‑state property.
5. Consider debts, liens, and pending transactions
When calculating whether you are under the threshold, remember outstanding checks, overdrafts, authorized transfers, or liens that reduce the net available value. Also consider whether the bank will freeze the account until you provide documents; banks have different practices.
6. If the total is at or below the statutory limit, use the affidavit procedure
If the qualifying property total is within the statutory small‑estate limit, the usual next step is to prepare the required affidavit (often called an “affidavit for collection of personal property” or “small‑estate affidavit”). The affidavit is typically sworn, contains required facts about the decedent and heirs, and may need to be notarized. Present the affidavit and required identification/certified death certificate to the bank; many banks have internal forms or requirements in addition to the statutory affidavit.
7. When to consult an attorney
If the bank disputes the affidavit, the account has conflicting title claims, the decedent had significant debts, or the asset valuation is unclear, consult a probate attorney in Indiana. An attorney can confirm whether the account is a probate asset and whether the small‑estate affidavit is safe to use, or whether formal probate is required.
Relevant statute reference
Indiana’s probate statutes cover collection of small estates and the affidavit procedure in Title 29. To read the statute text and confirm the exact dollar threshold and procedure, consult the Indiana Code on the General Assembly website: https://iga.in.gov/ (search Title 29, probate chapters on small estates and collection of personal property).
Note: statute language and dollar thresholds can change. Confirm the current threshold on the official site above or with an Indiana probate attorney or clerk.
Helpful hints
- Start with the bank: ask for the account status, ownership type, and a certified statement or recent statement showing balance as of the date of death.
- Obtain multiple certified copies of the death certificate early — banks and other institutions require originals or certified copies.
- Look for beneficiary or POD language on the account paperwork or statements; beneficiary designations usually override the need for probate.
- Be conservative in your calculations: include any sums that could be claimed by creditors or that are clearly the decedent’s property.
- When in doubt, ask the county probate clerk what the local practice is for accepting small‑estate affidavits — clerks can confirm filing requirements but cannot give legal advice.
- If a bank refuses the affidavit, request the bank’s written reason. That helps if you need to escalate or consult an attorney.
- Keep copies of everything you file or deliver to the bank (affidavits, death certificates, correspondence).