What are Indiana’s small estate affidavit rules?
IC 29-1-8-1 lets a distributee, or someone acting for one, collect personal property by affidavit when the gross probate estate, wherever located, less liens, encumbrances and reasonable funeral expenses, is worth $100,000 or less. The limit was $50,000 for deaths from July 2006 to June 2022. Forty-five days must have passed and no personal representative can have been applied for or appointed anywhere.
Sources: IC 29-1-8, Dispensing With Administration (2026), checked October 19, 2026; Coalition for Court Access, checked October 19, 2026; Affidavit for Transfer of Assets Without Administration, CCA-EM-0722-5000, checked October 19, 2026.| Rule | Indiana |
|---|---|
| Dollar limit | $100,000 for deaths after June 30, 2022, less liens, encumbrances and reasonable funeral expenses ($50,000 before) |
| Waiting period | 45 days after the death. Vehicles and watercraft can transfer at the BMV after 5 days |
| Where it goes | Straight to the bank or other holder. Not filed with a court |
| Official form | Affidavit for Transfer of Assets Without Administration (CCA-EM-0722-5000), approved by the Coalition for Court Access |
| Signing | The statute says affidavit; the court-approved form uses an affirmation under penalty of perjury. Banks may ask for a notary |
| Real estate | Can’t pass by this affidavit |
What will Kin Papers fill in for Indiana?
Kin Papers is building an Indiana file that fills in the small estate affidavit and the notices to the other heirs from your answers, writes the letters banks, Social Security and the credit bureaus ask for, prepares IRS Form 56, and keeps a dated tracker of the 45-day wait and the deadlines after it. It won’t file anything for you or give legal advice.
Join the Indiana waitlist
We’re building Indiana’s small-estate form filled in from your answers, with the letters, IRS Form 56 and a deadline tracker. Join the waitlist and we’ll email you the day it opens.
Who can sign an Indiana small estate affidavit?
A distributee, someone entitled to the property under the will or Indiana’s inheritance rules, or someone acting for one. Under IC 29-1-8-1, the signer states that they’ve told every other distributee named in the affidavit that they intend to present it, and that they’re entitled to receive the property on those distributees’ behalf.
What does the affidavit have to say?
- The probate estate is worth $100,000 or less after liens, encumbrances and reasonable funeral expenses.
- 45 days have passed since the death.
- No application or petition for a personal representative is pending or has been granted anywhere.
- The name and address of each distributee and the property each is entitled to.
- That each distributee has been notified.
The statute also lets a distributee use a separate affidavit to ask a bank for the account values on the date of death, which the bank must provide within three business days.
Where do you get the form?
The Affidavit for Transfer of Assets Without Administration (CCA-EM-0722-5000) is approved by the Coalition for Court Access, which the Indiana Supreme Court created. The copy we checked is the July 2022 version, published through Indiana Legal Help.
What if the estate is over $100,000 or includes a house?
The affidavit doesn’t cover real estate or estates over the limit. Those generally go through probate in the county’s circuit or superior court, where the court appoints a personal representative. The court clerk can explain the filings, and a lawyer can advise on your situation.
Is Kin Papers a law firm?
No. Kin Papers isn’t a law firm and doesn’t give legal advice. This page explains what the Indiana Code and the court-approved form say, with links to each. It doesn’t say whether the affidavit fits your parent’s estate.
Common questions about small estates in Indiana
What is the Indiana small estate affidavit limit?
$100,000 for a death after June 30, 2022, under IC 29-1-8-1. It’s measured on the gross probate estate, wherever located, less liens, encumbrances and reasonable funeral expenses. For deaths from July 1, 2006 to June 30, 2022 it was $50,000.
How long do you have to wait in Indiana?
45 days after the death. Vehicles and watercraft are the exception: the Bureau of Motor Vehicles can transfer them on an affidavit five days after the death.
Do you file an Indiana small estate affidavit with the court?
No. It goes to the bank or other holder, which pays or delivers the property and is released without having to check the facts. If a holder refuses, IC 29-1-8-4.5 lets the court order payment on the affidavit without a hearing.
Does the Indiana small estate affidavit need a notary?
The statute says only “affidavit.” The court-approved form uses an affirmation under penalty of perjury with no notary block, though some banks and agencies ask for notarization.