Laws

Days after Death – Forty-five (45) days.^[1]
Maximum – $100,000.^[2] A small estate of a person who dies after June 30, 2006, and before July 1, 2022, shall not exceed $50,000 (less liens, encumbrances, and funeral expenses) to qualify. This does not include motor vehicles or watercraft, as defined in IC 9-13-2-198.5. These can be filed for transfer at the Bureau of Motor Vehicles. (Locate your local office here.) The estate of an individual who dies after June 30, 2022, shall not exceed $100,000.
Signing – State Form 54985 must be notarized.
Statute – Probate Code, Chapter 8. Dispensing with Administration

How to File (5 steps)

1. Wait Forty-five (45) Days

A 45-day period has to pass before you can use a small estate affidavit in the State of Indiana.

2. Prepare Affidavit

Download Form 54985. Prepare and sign the form. Include information you have about persons entitled to assets.

3. Notify Every Person Identified

Notify each person identified in the affidavit of your intention to present the affidavit.

4. Get It Notarized

Sign the form before a notary public in and for the state and county named in the affidavit.

5. Collect the Assets

You do not have to file this form in court. You can give the form to the person, bank, or company currently holding the assets you have a right to inherit. You’ll also have to pay someone else who has rights to the same property what they are owed.

Indiana Small Estate Affidavit | Form 49284

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