Detailed Answer
This FAQ explains how to decide which assets to list on an Indiana small estate affidavit and which assets you can generally omit or report as zero. It assumes you are preparing an affidavit under Indiana’s small estate procedures. This is educational information only and not legal advice.
What is a small estate affidavit in Indiana?
Indiana law provides a simplified affidavit procedure to collect certain personal property of a decedent without formal administration in court. See the Indiana Code chapter on collection of a decedent’s personal property for the current rules and any size limits: Ind. Code tit. 29, art. 1, ch. 14. Whether you qualify and what you must list can vary by statute and by the institution (bank, DMV, etc.) that holds the asset.
Basic rule: list the decedent’s probate personal property you know about
On the affidavit, list personal property that is subject to collection under the small estate rules and that is still owned by the decedent at death. Typical items you should list (if owned by the decedent, and not already transferred) include:
- Bank and savings accounts titled solely in the decedent’s name (give bank name and account details and an estimated balance).
- Physical cash, checks, or prepaid cards payable to the decedent.
- Motor vehicles titled solely in the decedent’s name (include VIN and title information; note some counties/bureaus have separate forms).
- Personal effects and household goods (these are usually listed as a combined value).
- Stocks or certificates issued to the decedent and other intangible personal property that are not payable to a beneficiary.
- Claims due to the decedent (unpaid wages, refunds, etc.).
Assets you generally do NOT list on the small estate affidavit
Do not list assets that automatically pass outside probate or are not collectible through the small estate affidavit procedure:
- Assets with a named beneficiary (life insurance policies, IRAs/retirement accounts, payable-on-death or transfer-on-death accounts) — these pass to the named beneficiary and are usually not part of the probate estate.
- Property held jointly with right of survivorship — these pass to the surviving joint owner by operation of law.
- Property already transferred before death (for example, a deed executed before death).
- Assets owned by a trust (trust property is not part of the decedent’s probate estate).
- Real property (land or real estate) — most small estate affidavit procedures cover personal property only. If you are trying to transfer title to real estate, check the statute and your county recorder; that typically requires formal probate or a separate process.
When is it OK to leave an entry blank or put zero?
Avoid leaving entries blank or putting zero unless the correct fact is that the decedent owned no value of that category. Good practices:
- If you know an asset exists, list it. Do not put 0 for an asset you know has value.
- If you do not know whether an asset exists, write “unknown” or “value unknown” if the form allows, and explain you used best efforts to find information.
- If an account balance is effectively zero (the institution confirms it), you may write 0, but keep documentation showing the zero balance (bank statement or written confirmation).
- If the affidavit form requires a dollar value and you cannot find a precise number, provide a good-faith estimate and attach supporting documents (statements, estimates, appraisals). Label the number as an estimate.
Why you must be careful about blanks and zeros
Signing an affidavit is a sworn statement. Intentionally omitting known assets or placing false values can lead to civil liability and criminal exposure (perjury or making a false statement). If you honestly do not know a value, document your search efforts (bank calls, records checked, title searches) and say so on the affidavit or in an attached statement.
Practical steps to decide what to list
- Gather documents: bank statements, checkbooks, title certificates, insurance policies, tax returns, the decedent’s mail and safe-deposit records.
- Check beneficiary designations and joint ownership before listing an asset on the affidavit.
- Contact institutions (banks, DMV, brokerages) to confirm what they will release with a small estate affidavit and whether they require additional forms.
- Estimate values in good faith if exact values are not available. Keep evidence of how you estimated the amounts.
- Attach schedules if you have many items (e.g., a listing of household items with estimated total value) rather than filling every line on the form.
- Keep copies of the affidavit and all supporting documents and correspondence in case questions arise later.
Examples (hypotheticals)
Example 1: Decedent had a checking account titled in their name with a $2,400 statement balance. You should list the bank, account details, and $2,400 (or a good-faith estimate if the account balance changed).
Example 2: Decedent had a life insurance policy naming their child as beneficiary. Do not list the policy on the small estate affidavit as an asset of the probate estate; instead, the beneficiary should contact the insurance company directly to file a claim.
Example 3: You find an old brokerage account but do not have recent statements. List the account and note the balance is unknown; call the brokerage to request records and attach any confirmation you receive.
Where to check the law and forms
Read the Indiana statutory chapter on collecting a decedent’s personal property and consult your local court forms and clerk’s office for the correct affidavit form and any local rules: Ind. Code tit. 29, art. 1, ch. 14. Also check the Indiana Judicial Branch self-help pages or your county court clerk’s website for specific local forms and instructions.
When to get help from an attorney
Talk to an attorney or the probate clerk if you encounter any of these situations:
- Large or uncertain estate value (you are unsure whether the estate qualifies as a “small estate”).
- Disputes about ownership or beneficiary designations.
- Complex assets such as business interests, multiple joint owners, or real estate.
- Potential creditor claims or creditor notice requirements.
Disclaimer
This information is for educational purposes only and does not constitute legal advice. If you need legal advice about a specific situation, consult a licensed attorney in Indiana.