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The End of Life Plannerby Valoren

General information · not a substitute for the advice of an attorney.

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The small estate affidavit in Indiana

Where Indiana law lets a smaller estate be settled without full probate, these are the official words on how: who may use the route, what it covers and what the paperwork must say. Whether a particular estate fits is for the court, the bank or company holding the asset, or an attorney in Indiana; nothing on this page decides it.

  • Every fact dated, in the official words
  • Each state’s own law

Every quotation checked October 24, 2026

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Every quotation on this page is the official body’s own words, as they stood on the day we read them. The date is beside each one.

The small estate affidavit: the waiting period, the value limit by date of death, and the condition about a personal representative

(a) Forty-five (45) days after the death of a decedent and upon being presented an affidavit that complies with subsection (b), a person:

(1) That the value of the gross probate estate, wherever located, (less liens, encumbrances, and reasonable funeral expenses) does not exceed:

(B) fifty thousand dollars ($50,000), for the estate of an individual who dies after June 30, 2006, and before July 1, 2022; and (C) one hundred thousand dollars ($100,000), for the estate of an individual who dies after June 30, 2022.

(3) That no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction.

Indiana · general information · checked October 24, 2026 · IC 29-1-8-1(a), (b)(1)–(3)

Who makes the affidavit, telling the other distributees, and a motor vehicle’s title

(b) The affidavit required by subsection (a) must be an affidavit made by or on behalf of the distributee

(5) That the affiant has notified each distributee identified in the affidavit of the affiant's intention to present an affidavit under this section.

nothing in this section shall prohibit a transfer of the certificate of title to the motor vehicle if five (5) days have elapsed since the death of the decedent and no appointment of a personal representative is contemplated.

Indiana · general information · checked October 24, 2026 · IC 29-1-8-1(b), (b)(5), (c)

Distributing a small estate without notice to creditors, and the closing statement

(b) Except as otherwise provided in this section, if the value of a decedent's gross probate estate, less liens and encumbrances, does not exceed the sum of:

(C) one hundred thousand dollars ($100,000), for the estate of an individual who dies after June 30, 2022;

(2) the costs and expenses of administration; and (3) reasonable funeral expenses;

the fiduciary, without giving notice to creditors, may disburse and distribute the estate to the persons entitled to it, followed by the filing of a closing statement

Indiana · general information · checked October 24, 2026 · IC 29-1-8-3(b)

The same page for other states

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FAQ

Common questions

(a) Forty-five (45) days after the death of a decedent and upon being presented an affidavit that complies with subsection (b), a person:

(1) That the value of the gross probate estate, wherever located, (less liens, encumbrances, and reasonable funeral expenses) does not exceed:

(B) fifty thousand dollars ($50,000), for the estate of an individual who dies after June 30, 2006, and before July 1, 2022; and (C) one hundred thousand dollars ($100,000), for the estate of an individual who dies after June 30, 2022.

(3) That no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction.

(b) Except as otherwise provided in this section, if the value of a decedent's gross probate estate, less liens and encumbrances, does not exceed the sum of:

(C) one hundred thousand dollars ($100,000), for the estate of an individual who dies after June 30, 2022;

(2) the costs and expenses of administration; and (3) reasonable funeral expenses;

the fiduciary, without giving notice to creditors, may disburse and distribute the estate to the persons entitled to it, followed by the filing of a closing statement

Indiana · general information · checked October 24, 2026 · IC 29-1-8-3(b)

(a) Forty-five (45) days after the death of a decedent and upon being presented an affidavit that complies with subsection (b), a person:

(1) That the value of the gross probate estate, wherever located, (less liens, encumbrances, and reasonable funeral expenses) does not exceed:

(B) fifty thousand dollars ($50,000), for the estate of an individual who dies after June 30, 2006, and before July 1, 2022; and (C) one hundred thousand dollars ($100,000), for the estate of an individual who dies after June 30, 2022.

(3) That no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction.

Indiana · general information · checked October 24, 2026 · IC 29-1-8-1(a), (b)(1)–(3)

(b) The affidavit required by subsection (a) must be an affidavit made by or on behalf of the distributee

(5) That the affiant has notified each distributee identified in the affidavit of the affiant's intention to present an affidavit under this section.

nothing in this section shall prohibit a transfer of the certificate of title to the motor vehicle if five (5) days have elapsed since the death of the decedent and no appointment of a personal representative is contemplated.

Indiana · general information · checked October 24, 2026 · IC 29-1-8-1(b), (b)(5), (c)

(b) The affidavit required by subsection (a) must be an affidavit made by or on behalf of the distributee

(5) That the affiant has notified each distributee identified in the affidavit of the affiant's intention to present an affidavit under this section.

nothing in this section shall prohibit a transfer of the certificate of title to the motor vehicle if five (5) days have elapsed since the death of the decedent and no appointment of a personal representative is contemplated.

Indiana · general information · checked October 24, 2026 · IC 29-1-8-1(b), (b)(5), (c)

(b) Except as otherwise provided in this section, if the value of a decedent's gross probate estate, less liens and encumbrances, does not exceed the sum of:

(C) one hundred thousand dollars ($100,000), for the estate of an individual who dies after June 30, 2022;

(2) the costs and expenses of administration; and (3) reasonable funeral expenses;

the fiduciary, without giving notice to creditors, may disburse and distribute the estate to the persons entitled to it, followed by the filing of a closing statement

Indiana · general information · checked October 24, 2026 · IC 29-1-8-3(b)

For anyone who would rather their family found it all in one place than went looking.

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