Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney about your specific situation.
When a loved one dies in Indiana and the estate’s personal property is modest, you can avoid full probate by using a small estate affidavit. This FAQ explains each step under Indiana law.
Detailed Answer
Indiana’s small estate affidavit process lets heirs collect certain personal property without formal probate if the estate meets eligibility requirements. You can use this streamlined procedure under Indiana Code § 29-1-7 (IC 29-1-7).
1. Determine Eligibility
- Wait at least 45 days after the decedent’s death and confirm no personal representative has qualified (IC 29-1-7-8).
- Ensure the total value of personal property does not exceed $50,000 (IC 29-1-7-5).
- Exclude real estate, property held in joint tenancy, and assets requiring separate administration.
2. Value and List Assets
Inventory all tangible and intangible personal property, such as bank accounts, vehicles, and household items. Exclude any real estate. Use appraisals or recent statements to confirm values.
3. Prepare the Affidavit
Draft the small estate affidavit including these required elements (IC 29-1-7-9):
- Decedent’s full name, date of death, and last residence.
- Statement that no probate administration is pending.
- Detailed list and total value of assets.
- Names, relationships, and proposed shares for each heir.
- Oath signed before a notary public.
4. File with the Clerk of Court
Submit the notarized affidavit, a certified death certificate, and an asset schedule to the probate clerk in the county of the decedent’s last residence. Pay the required filing fee.
5. Collect and Distribute Assets
After the clerk files the affidavit, present certified copies to banks or other holders. They must release funds or property up to the $50,000 limit. Distribute proceeds among heirs according to Indiana’s intestate succession rules if the decedent died without a will (IC 29-1-2).
Helpful Hints
- Verify asset values carefully to stay below the $50,000 threshold.
- Obtain multiple certified death certificates since several institutions may require them.
- Keep photocopies of all filed documents for your records.
- Notify creditors informally when possible to minimize potential claims.
- Consult an attorney if the estate value nears $50,000 or if disputes arise among heirs.