Indiana Small Estate Affidavit for Estates under $100,000

State:
Indiana
Control #:
IN-02188
Format:
PDF
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Description

Under Indiana statute, where as estate is valued at less than $100,000, an interested party may, forty-five (45) days after the death of the decedent, issue a small estate affidavit to collect any debts owed to the decedent.

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FAQ

The Illinois small estate affidavit provides a streamlined way for an heir-at-law of a decedent to gather and distribute the assets of the estate of a person who died, provided that no other petition to open an estate in probate court has been filed and that the assets of the person who died do not exceed $100,000.

The Indiana small estate affidavit is used to gather the assets of a person who has died with $50,000 or less in assets. The affidavit cannot be filed earlier than 45 days after the date of death and it must be signed in front of a notary public. In addition, there cannot have been an opening of the estate in probate.

Claiming Property With a Simple (Small Estate) AffidavitIndiana has a procedure that allows inheritors to skip probate altogether when the value of all the assets left behind is less than a certain amount. All an inheritor has to do is prepare a short document, stating that he or she is entitled to a certain asset.

In most states, however, there is the option to use a small estate affidavit when the assets of the estate are under a certain dollar amount, which varies by state. An attorney is not required to file a small estate affidavit, although it may be helpful to consult with one prior to filing the small estate affidavit.

To be able to file a small estate affidavit in Texas for a loved one, when no will was executed, you must be a person who would inherit under Texas intestacy law (this is generally the spouse and children, or other close relatives if there are no spouse or children).

Guadalupe County Small Estate Affidavit Checklist Individuals then fill out a form without reading the statute and without understanding Texas intestacy law. They pay a $261 filing fee and expect approval.

When you use a small estate affidavit , you have to pay the decedent's bills before paying money to anyone else. For example, the decedent might have owed money to a credit card company when they died. If you use the small estate affidavit, you must give money from the estate to pay the credit card company.

In Indiana, a small estate is an estate that has a value of $50,000 or less after liens, encumbrances, and reasonable funeral expenses are subtracted. All joint assets and beneficiary designations are not included in the $50,000 estate amount. Beneficiary designations include life insurance and joint assets.

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Indiana Small Estate Affidavit for Estates under $100,000