Small estate affidavit in Indiana: limit, waiting period, form and where to file
Indiana lets heirs collect a small estate with the Small Estate Affidavit instead of probate when the estate is under $100,000, at least 45 days have passed, and no probate has been opened. It never goes to court: you hand it to whoever holds the asset.
| Limit | $100,000 — for deaths after June 30, 2022 (gross probate estate less liens) |
|---|---|
| Waiting period | 45 days from the date of death |
| With a will? | Works with or without a will. |
| Real estate? | Real estate uses a separate affidavit recorded with the county recorder after the same limit test, or probate. |
| Form | Small Estate Affidavit (Indiana Code §29-1-8-1) Ind. Code §29-1-8-1 |
| Where it goes | Not filed with any court — presented to the bank, DMV or employer holding the asset |
| Signing | Notarized; no petition for appointment of a personal representative may be pending |
Check whether your estate qualifies in Indiana
Indiana · six questions
Some states file with the county court; others never go to court — the affidavit goes straight to the bank or DMV. The county decides the office and the fee.
Bank accounts, vehicles, final paychecks, personal property. Leave out joint accounts, accounts with a named beneficiary, and life insurance — those pass without probate anyway.
Most states make you wait 10–45 days before the affidavit can be signed or filed.
Your next 60 days
What makes Indiana different
Indiana's 45-day wait is one of the longest. The affidavit is a holder-presented document — nothing is filed with the court — which is why Indiana banks are among the strictest about notarization and the death certificate.
The BMV has its own affidavit for vehicles (State Form 18733) under the same limit, and the county recorder handles a separate affidavit for real estate.
Indiana's official form is published by the state's court self-service site; using it avoids the most common bank objection ('this isn't the Indiana form').
Indiana counties: office, fee, local form
The state sets the rule; the county sets the counter. These are the Indiana counties people ask about most:
$0IN · NO COURT FILINGLake County small estate affidavitNo court filing — present to the holder
$0IN · NO COURT FILINGAllen County small estate affidavitNo court filing — present to the holder
$0IN · NO COURT FILINGHamilton County small estate affidavitNo court filing — present to the holder
$0
Step by step in Indiana
- Order certified death certificates. Five or more from the county vital records office; every holder keeps one.
- Inventory the estate. Everything in the person's sole name with no beneficiary. Compare the total to Indiana's limit ($100,000).
- Wait 45 days. Indiana requires 45 days from the date of death.
- Complete and sign the Indiana form. Small Estate Affidavit (Indiana Code §29-1-8-1). Notarized; no petition for appointment of a personal representative may be pending.
- Present it to each holder. Bank, DMV, employer — with a certified death certificate each time.
- Pay debts, then distribute. Funeral and last medical bills first, then known creditors, then heirs as the statute directs. Keep receipts.
If the bank refuses
Indiana banks reject affidavits for the same four reasons as everywhere else: the branch doesn't know Ind. Code §29-1-8-1, the bank wants its own form as well, the waiting period was miscounted, or the notarization is missing. Each has a fix that doesn't need a lawyer; the $49 packet includes the affidavit versions Bank of America, Chase, U.S. Bank and Wells Fargo use.
When Indiana requires probate instead
Over the limit, real estate the affidavit can't move, a dispute between heirs, or a creditor who won't accept the affidavit — any of these means a probate track: summary or formal administration. The checker above switches to a probate timeline when that's the case and can connect you with a probate attorney licensed in Indiana; the attorney pays the referral fee, you don't.
Common questions
What is the small estate limit in Indiana?
$100,000 — for deaths after June 30, 2022 (gross probate estate less liens). Assets that pass outside probate (joint accounts, payable-on-death accounts, life insurance, trust assets) are not counted.
How long do I have to wait to file a small estate affidavit in Indiana?
45 days from the date of death. After that you present it directly to the bank, DMV or employer — no court is involved.
Does the Indiana small estate affidavit work if there is a will?
Works with or without a will.
Can I use a small estate affidavit for a house in Indiana?
Real estate uses a separate affidavit recorded with the county recorder after the same limit test, or probate.
Do I need a lawyer for a small estate affidavit in Indiana?
No. The form is published by the state and completed by the heir. A lawyer is worth consulting when the estate is over the limit, when there's real estate the affidavit can't move, or when heirs disagree — the checker on this page flags each of those.
Which Indiana counties are covered?
Marion County, Lake County, Allen County, Hamilton County. Each county page names the office, the fee and any local form requirement.
Other states: Arizona · California · Colorado · Florida · Illinois · Michigan · Missouri · New York · Texas · Washington · all 50 states