Indiana Small Estate Affidavit: Collecting Property Without Probate

Indiana lets a distributee collect a deceased person’s personal property by sworn affidavit instead of opening a probate case. The affidavit goes straight to the bank, transfer agent, insurer, or other holder of the asset, so there is no court filing and no filing fee.

Based on Ind. Code § 29-1-8-1

By Settled Estate EditorialPublished: January 15, 2026Updated: May 31, 2026

What Is an Indiana Small Estate Affidavit?

An Indiana small estate affidavit is the distributee affidavit authorized by Ind. Code § 29-1-8-1. When the gross probate estate, wherever located, less liens, encumbrances, and reasonable funeral expenses, does not exceed the limit set by the date of death, a distributee may present the affidavit 45 days after the death and collect the decedent’s personal property without opening an estate. For a death after June 30, 2022 the limit is $100,000. The affidavit reaches personal property such as bank accounts, securities, insurance payable to the estate, safe deposit box contents, and digital assets. It does not reach Indiana real estate, and it cannot be used if an application or petition to appoint a personal representative is pending or has already been granted anywhere.

Do you qualify?

Qualifying threshold: $100,000 gross probate estate, less liens, encumbrances, and reasonable funeral expenses (deaths after June 30, 2022)The measure is the gross probate estate wherever located, reduced by liens, encumbrances, and reasonable funeral expenses. Indiana bands the limit by date of death: $100,000 after June 30, 2022, $50,000 from July 1, 2006 through June 30, 2022, and $25,000 before July 1, 2006. Property that passes outside probate by beneficiary designation, payable-on-death or transfer-on-death registration, a transfer on death deed, survivorship, or a trust is not counted. An estate above the limit opens an administration under Ind. Code Title 29 instead.
Waiting period: 45 days after death (5 days for a motor vehicle or watercraft title at the BMV)
Court filing fee: $0. There is no court filing, so no probate costs fee is charged.
Attorney: Not typically neededNo statewide requirement; counsel may help with debts, disputes, or Indiana real estate
Real estate: Not covered by this procedureThe Ind. Code § 29-1-8-1 affidavit reaches personal property only, so it cannot transfer Indiana real estate held in the decedent’s name alone. A small estate that includes real estate normally opens an administration to obtain letters and then closes under the summary procedure of Ind. Code §§ 29-1-8-3 and 29-1-8-4, where an affidavit stating the legal description and each person’s share may be recorded with the county recorder to document the transfer. Real estate that already passes by survivorship or under a recorded transfer on death deed does not need either path.

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Main Requirements

Gross Probate Estate Within the Date-of-Death Limit

The gross probate estate wherever located, less liens, encumbrances, and reasonable funeral expenses, must not exceed the limit for the date of death: $100,000 after June 30, 2022, $50,000 from July 1, 2006 through June 30, 2022, or $25,000 before July 1, 2006.

45 Days Since the Death

At least 45 days must pass after the date of death before the affidavit is presented (Ind. Code § 29-1-8-1). Only a motor vehicle or watercraft title may move sooner, after 5 days.

No Personal Representative Pending or Appointed

No application or petition for appointment of a personal representative may be pending or already granted in any jurisdiction when the affidavit is presented.

Personal Property Only

The affidavit reaches bank accounts, securities, insurance payable to the estate, safe deposit box contents, digital assets, and other personal property. Indiana real estate is outside its reach.

Signed by a Distributee

The affiant must be a distributee of the estate, meaning a person entitled to the property under the will or under the intestate succession rules of Ind. Code Title 29.

Notice to Every Distributee

The affiant has to identify each distributee and give each of them notice. The property collected is held for the distributees, and the affiant is answerable to anyone with a superior claim to it.

Available Small-Estate Options

Small Estate Affidavit (Section 29-1-8-1)

Limit: Gross probate estate of $100,000 or less after liens, encumbrances, and reasonable funeral expenses (deaths after June 30, 2022)
Real Estate: Not included
Timeline: 45 days after death, then present it to the holder of the asset
Typical Fee: $0, no court filing

Summary Administration (Sections 29-1-8-3 and 29-1-8-4)

Limit: Gross probate estate, less liens and encumbrances, within the same date-of-death band plus the costs and expenses of administration plus reasonable funeral expenses
Real Estate: Can be included
Timeline: Letters issue, the fiduciary distributes without notice to creditors, then files a closing statement
Typical Fee: $177 to open the estate; no court costs fee for the closing statement

Supervised or Unsupervised Administration (Title 29)

Limit: No dollar cap; used when the estate is above the small estate band or needs full authority
Real Estate: Can be included
Timeline: Creditors have three months from the first published notice, so most estates run several months or longer
Typical Fee: $177 statewide flat filing fee ($205 with sheriff’s service of process)

The affidavit is a sworn statement

The § 29-1-8-1 affidavit is made under oath. The distributee who signs it takes responsibility for the accuracy of the value, the 45-day wait, and the statement that no personal representative has been appointed or applied for. The property collected is held for the distributees, and the affiant answers to anyone with a better right to it. Confirm the numbers and the date-of-death band before signing, and ask counsel if anything is uncertain.

Step-by-Step Process

Wait 45 Days After the Death

Covered in the "Do you qualify?" checklist at the top of this page.

Value the Gross Probate Estate

Add up the probate property wherever located, then subtract liens, encumbrances, and reasonable funeral expenses. Confirm the result is within the limit that applies to the date of death: $100,000 after June 30, 2022, $50,000 from July 1, 2006 through June 30, 2022, or $25,000 before July 1, 2006.

Confirm No Personal Representative Is Appointed

The affidavit requires that no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction. Check the probate records of the county where the person lived before signing.

Set Real Estate Aside

Indiana real estate in the decedent’s name alone falls outside the affidavit. Identify it early, because it usually points the estate toward opening an administration and closing under the summary procedure of Ind. Code §§ 29-1-8-3 and 29-1-8-4.

Prepare and Sign the Affidavit

The affidavit states the value, the 45-day wait, and that no personal representative has been appointed or applied for. The affiant must identify each distributee and give each one notice. Gather a certified death certificate and proof of the affiant’s identity and relationship.

Present It to the Holder of the Asset

Deliver the affidavit to the bank, credit union, brokerage, insurer, employer, or safe deposit box holder. The institution pays or delivers the property to the affiant, who then holds it for the distributees and remains answerable to anyone with a better right to it.

County Note: No county files or approves the § 29-1-8-1 affidavit, because it is presented directly to the holder of the asset rather than to a court. Banks, brokerages, and insurers each set their own paperwork and identification requirements, so ask the institution what form and supporting documents it accepts. If the estate has to open instead, the case is filed with the clerk of the circuit or superior court with probate jurisdiction in the county where the person lived (St. Joseph County has a separate Probate Court).

FAQ: Indiana Small Estate Affidavit

Does Indiana have a small estate affidavit?

Yes. Ind. Code § 29-1-8-1 lets a distributee collect a deceased person’s personal property by sworn affidavit presented directly to the holder of the asset. No probate case is opened and no filing fee is paid.

What is the Indiana small estate affidavit limit?

For a death after June 30, 2022 the limit is $100,000, measured as the gross probate estate wherever located less liens, encumbrances, and reasonable funeral expenses. The limit is set by the date of death, so a death from July 1, 2006 through June 30, 2022 uses $50,000 and a death before July 1, 2006 uses $25,000.

How long do you have to wait to use the affidavit in Indiana?

Forty-five days must pass after the date of death. The one exception is a motor vehicle or watercraft title, which the Bureau of Motor Vehicles may transfer on a similar affidavit after only 5 days when no personal representative is contemplated (Ind. Code § 29-1-8-1(c)).

Can an Indiana small estate affidavit transfer a house?

No. The affidavit covers personal property only. A small estate that includes Indiana real estate normally opens an administration to obtain letters, then closes under the summary procedure of Ind. Code §§ 29-1-8-3 and 29-1-8-4, recording an affidavit with the county recorder to document the transfer of the real property.

What does the Indiana small estate affidavit cost?

Nothing is paid to a court, because nothing is filed with one. Opening an estate instead costs a flat $177 statewide ($120 probate costs fee plus $57 of statutory add-on fees under Ind. Code § 33-37-4-7), and $205 if the sheriff’s service of process fee is requested.

What if the estate is worth more than the limit?

The estate opens an administration under Ind. Code Title 29. That may be supervised, with the court approving major steps, or unsupervised under Ind. Code § 29-1-7.5 when the estate is solvent and either the will authorizes it or all the heirs consent.

Official Forms, Sources, and VerificationOfficial references used for this page

Indiana Code § 29-1-8-1, Transfer of decedent’s personal property by affidavitIndiana General Assembly. Current official code text (2025 code), accessed July 2026.
Indiana Code § 33-37-4-7, Probate costs fee; additional fees; exemptionsIndiana General Assembly. Current official code text (2025 code, amended through P.L.106-2025), accessed July 2026.
Trial Court Fee Manual, Section 11, Filing Fees and Costs for Probate CasesIndiana Office of Court Services. Current through the 2026 legislative session, accessed July 2026.

Information current as of May 31, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Indiana can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.