Indiana · Small Estate
Indiana Small Estate Affidavit: How to Skip Probate for Estates Under $50,000
Indiana Code § 29-1-8-3 · 45-Day Wait · Personal Property Only
Indiana allows heirs to collect personal property estate assets without any court proceeding when the total personal property value is $50,000 or less. Under IC § 29-1-8-3, you wait 45 days from the date of death, present a notarized affidavit to the institution or person holding the asset, and the asset is transferred directly — no Letters Testamentary, no probate filing, no court appearance required.
45-Day Wait Is Mandatory. The Indiana Small Estate Affidavit cannot be used until 45 days have passed from the date of death. Presenting it before the 45-day period expires is not authorized under IC § 29-1-8-3. If you need funds urgently before 45 days, contact the financial institution directly — some will release funds for burial expenses as a courtesy.
Eligibility Requirements (IC § 29-1-8-3)
- $50,000 threshold: Total value of the decedent's personal property subject to probate must not exceed $50,000
- 45-day wait: The affidavit cannot be presented until at least 45 days after the date of death
- Personal property only: Real estate of any value always requires Circuit or Superior Court probate — the affidavit cannot be used for real estate
- Eligible affiant: The person presenting the affidavit must be an heir, devisee, or person otherwise entitled to the property
- No pending probate: No probate proceeding may be open, pending, or have been commenced in any court
- Statement of entitlement: The affidavit must state the affiant's entitlement to the property
No Indiana inheritance tax or estate tax on small estate transfers. Indiana repealed its inheritance tax effective January 1, 2013. Assets collected via the Small Estate Affidavit pass to heirs completely free of any Indiana state death tax, regardless of the heir's relationship to the deceased.
Step-by-Step: Using the Indiana Small Estate Affidavit
1Confirm the 45-day waiting period has passed
Check the date of death on the death certificate. Count 45 calendar days forward. Do not present the affidavit until that date has passed. Mark your calendar — presenting too early voids the affidavit.
2Verify total personal property is $50,000 or less
Add up all personal property assets titled solely in the decedent's name that have no beneficiary designation and are not held in joint tenancy. Do NOT count joint tenancy accounts, POD/TOD accounts, or life insurance with named beneficiaries — those pass outside probate. If the personal property total exceeds $50,000, or if real estate is involved, you must use full Circuit or Superior Court probate.
3Obtain multiple certified death certificates
Order certified death certificates from the Indiana State Department of Health (in.gov/health/vital-records). Order at least one per institution where you need to present the affidavit — each institution generally requires its own original certified copy. Order extra copies — you cannot easily get the affidavit back once presented.
4Draft the affidavit
Indiana does not have a single statewide mandated affidavit form for IC § 29-1-8-3 — check with the county Circuit or Superior Court clerk for any local form, or draft your own. The affidavit should include: the decedent's full name and date of death; a description of the asset being claimed; the affiant's name, relationship to the decedent, and basis for entitlement; a statement that no probate proceeding has been commenced or is pending; and a statement that the total value of the decedent's personal property does not exceed $50,000. Sign before a notary public.
5Have the affidavit notarized
Sign the affidavit in front of a notary public. Banks, UPS stores, shipping centers, and many libraries offer notary services. Bring valid photo ID. Do not sign the affidavit before appearing before the notary — it must be signed in the notary's presence.
6Present the affidavit with a certified death certificate
Present the notarized affidavit and a certified copy of the death certificate to the institution holding the asset (bank, credit union, investment account, BMV for vehicle titles, etc.). The institution is entitled to rely on the affidavit and is protected from liability for releasing the asset. If the institution is unfamiliar with IC § 29-1-8-3, reference the statute directly — most Indiana financial institutions recognize the procedure.
7Transfer vehicle titles at the Indiana BMV
For vehicles, present the notarized affidavit and certified death certificate to the Indiana Bureau of Motor Vehicles (BMV). The BMV will issue a new title in the heir's name. Bring the original vehicle title if available. Call your local BMV branch in advance to confirm their specific requirements for estate vehicle transfers under the small estate procedure.
8Collect and distribute the asset
Once the institution releases the asset, collect it. If multiple heirs are entitled to the same asset, they should either agree on distribution beforehand or present a joint affidavit. Keep records of all assets collected and distributed — this documentation protects you if another heir or creditor later raises questions.
What Counts Toward the $50,000 Threshold?
| Asset Type | Counts Toward $50,000? | Notes |
|---|
| Bank accounts (sole owner, no POD) | Yes | Add full balance |
| Bank accounts (POD/TOD designated) | No | Pass directly to named beneficiary |
| Investment accounts (sole owner, no TOD) | Yes | Add current value |
| Vehicles (titled solely in decedent's name) | Yes | Use fair market value |
| Real estate | Irrelevant — disqualifies use of affidavit | Real estate requires court probate |
| Joint tenancy accounts | No | Pass to surviving joint tenant |
| Life insurance with named beneficiary | No | Pass directly to named beneficiary |
| Retirement accounts (IRA, 401k) with named beneficiary | No | Pass directly to named beneficiary |
| Personal property (furniture, jewelry, etc.) | Yes | Estimate fair market value |
Worked Examples
Example 1 — Qualifies
Checking account + vehicle + household goods
Decedent has: $22,000 in a sole-owner checking account (no POD); a 2012 vehicle worth $8,500; and household goods estimated at $3,000. Total personal property = $33,500. No real estate. Total is under $50,000. After 45 days from death → Small Estate Affidavit qualifies.
Example 2 — Does NOT qualify (threshold exceeded)
Two accounts and brokerage total $65,000
Decedent has: $35,000 in a checking account; $30,000 in a brokerage account (no TOD). Total personal property = $65,000. No real estate. Total exceeds $50,000. → Must use full Circuit or Superior Court probate.
Example 3 — Does NOT qualify (real estate)
$30,000 bank account but decedent owned a condo
Decedent has: $30,000 in a sole-owner savings account; and a condominium worth $180,000. Even though personal property is under $50,000, the presence of real estate means the Small Estate Affidavit cannot be used. → Must use full Circuit or Superior Court probate (which will also clear title to the real estate and allow collection of the bank account under Letters Testamentary).
Example 4 — Does NOT qualify (too early)
$25,000 account, day 30 after death
Decedent has: $25,000 in a sole-owner savings account. No real estate. Total is under $50,000. However, it has only been 30 days since the date of death. → Must wait until day 45 before presenting the affidavit.
Indiana vs. Neighboring States: Small Estate Comparison
| State | Threshold | Wait Period | Real Estate? | Notes |
|---|
| Indiana | $50,000 | 45 days | No | IC § 29-1-8-3 |
| Ohio | $35,000 | None | No | ORC § 2113.03 |
| Michigan | $25,000* | 28 days | No | MCL 700.3982; threshold adjustable |
| Illinois | $100,000 | None | No | 755 ILCS 5/25-1; highest in region |
| Kentucky | $15,000 | None | No | KRS § 395.455; lowest in region |
| Tennessee | $50,000 | 45 days | No | T.C.A. § 30-4-102; same as Indiana |
| Wisconsin | $50,000 | 30 days | No | Wis. Stat. § 867.03 |
* Michigan's $25,000 threshold is a base amount that may be adjusted periodically for cost of living — verify current amount before use.
Indiana's 45-day wait: same as Tennessee and Arkansas. Many states — including Ohio, Illinois, and Kentucky — impose no waiting period at all. Indiana and Tennessee share the same $50,000 threshold and 45-day wait. If you are dealing with an estate in a border county, note that the laws differ significantly by state — Indiana law applies to assets in Indiana even if the heir or PR lives in another state.
When You Must Use Full Court Probate Instead
The Small Estate Affidavit is not available if:
- Total personal property exceeds $50,000
- The estate includes real estate of any value
- The affidavit is presented before 45 days from date of death
- A probate proceeding has been or is being opened in any court
- The affiant is not an heir or otherwise entitled to the property
In those cases, file a Petition for Probate with the Circuit or Superior Court of the county where the deceased was domiciled. The court will appoint a Personal Representative and issue Letters Testamentary — which can be used to collect assets of any value and transfer real estate.