Indiana Small Estate Affidavit Form

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An Indiana small estate affidavit enables a decedent’s estate to be distributed among heirs without any court probate. The person drafting the affidavit (“affiant”) must be a legal heir, and the estate must be valued at $100,000 or less to qualify. The affidavit requires identifying information for both the affiant and the decedent, a list of the heirs, and notarization.

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Indiana Small Estate Affidavit Form

Last updated January 7th, 2026

An Indiana small estate affidavit enables a decedent’s estate to be distributed among heirs without any court probate. The person drafting the affidavit (“affiant”) must be a legal heir, and the estate must be valued at $100,000 or less to qualify. The affidavit requires identifying information for both the affiant and the decedent, a list of the heirs, and notarization.

Laws

  • Maximum Estate Value: $100,000 (some exceptions apply)[1]
  • Mandatory Waiting Period: 45 days[2]
  • Where to File: No filing required.

How to Use (3 Steps)

Step 1 – Confirm Estate Eligibility

Each of the following conditions must be met for a successor to use a small estate affidavit in Indiana[3]:

  • The total value of the estate does not exceed $100,000 (not including liens, encumbrances, and funeral expenses)
  • At least 45 days have passed since the death of the decedent
  • There is no pending or granted appointment of a personal representative
  • The affiant is the decedent’s legal heir
  • The affiant has informed any other beneficiaries of their intention to use the affidavit

Step 2 – Complete Affidavit

An heir of the decedent must fill out the Small Estate Affidavit and attach the following documents:

  • Certified copy of the death certificate
  • The decedent’s will (if one exists)

Once completed, the Affidavit must be notarized by a notary public.

Step 3 – Distribute Assets

The affiant can use the notarized Affidavit to collect the decedent’s property from any person, bank, or institution holding it. If the estate includes motor vehicles or watercraft, the affiant will need to complete the Affidavit for Transfer of Certificate of Title and submit it to the Bureau of Motor Vehicles.[4]

Sources

  1. § 29-1-8-1(b)(1)(C)
  2. § 29-1-8-1(a)
  3. § 29-1-8-1(b)
  4. § 29-1-8-1(c)