How do I prepare an heirship affidavit in Indiana?

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Indiana for guidance on your specific situation.

Detailed Answer

Indiana does not have a specific “affidavit of heirship” statute for real property. Instead, Indiana Code Chapter 29-1-9 provides a process for distributing a decedent’s small estate without full probate. This “small estate affidavit” allows heirs to collect personal property up to a certain value. For real property, you must open a probate administration unless a title company or county recorder accepts a private affidavit of heirship based on local practice.

1. Determine Eligibility for a Small Estate Affidavit

• The decedent died intestate (without a will) or the will has been admitted to probate.
• They left no real property in Indiana.
• The total value of personal property in Indiana does not exceed $100,000.
• No formal administration is pending.

See Indiana Code § 29-1-9 (IC 29-1-9).

2. Gather Required Information

• Decedent’s full name, date of death, and last known address.
• List of all heirs and their relationships (spouse, children, siblings).
• Description and estimated value of personal property.
• Affiant’s relationship to the decedent (heir or personal representative).

3. Draft the Small Estate Affidavit

1. Include a title such as “Affidavit for Collection of Personal Property of Deceased Person.”
2. State that no probate is pending and that the estate qualifies under IC 29-1-9.
3. List the personal property and its approximate value.
4. Identify all heirs and the share each is entitled to under Indiana intestacy laws (IC 29-1-2: distribution of intestate estates).
5. Include sworn statements that the information is true and accurate.

4. Notarize and File the Affidavit

1. Sign the affidavit before a notary public.
2. File or record the affidavit with the county recorder or the institution holding the property (e.g., bank or title company).
3. Provide copies to all heirs.

5. Handling Real Property Transfers

If you need to transfer real estate, a small estate affidavit cannot convey title to land. You must either:

• Open full administration in the probate court (IC 29-1-7).
• Work with a title company to prepare a private affidavit of heirship based on genealogical research and local recorder acceptance.

Helpful Hints

• Review all creditor claims before distributing assets; the small estate affidavit does not clear debts.
• Use the official forms or follow local county guidelines for affidavits.
• Keep notarized originals and provide certified copies only when required.
• Consider hiring a probate attorney for real property matters.
• Verify the cumulative value of personal property to ensure eligibility under IC 29-1-9.