Indiana Summary Administration Package - Under $100,000 - Personal Property - Small Estates

State:
Indiana
Control #:
IN-ET20
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Under Indiana statute, if the estate of the decedent is sufficiently small as defined by IC Section 29-1-8-3, the personal representative of the decedent may distribute the assets of the estate immediately, without a court filing or additional notice to other parties. After distributing the assets of the estate, the estate may be closed by the filing of a verified closing statement. Please see statutes for details.

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FAQ

No. This form should not be filed in court. This form should be filled out and given to the person or company that has the property that you have a right to. For example, if you are trying to get the funds out of your deceased spouse's bank account, you would give the form to the bank.

Fill in the name of the Indiana county at the top of the small estate affidavit. It should be the county where the decedent resided when he died or a county where he owned real estate. Enter your full name in at the top of the affidavit, after "I." Write your postal and residence addresses on the provided lines.

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.

If real estate was transferred, an affidavit should be filed with the county recorder's office in the county where the real estate is situated and also filed with the closing statement. Ind. Code Ann. § A§ 29-1-8-3 and following.

In Michigan you can use an Affidavit if the estate does not include real property and the value of the entire estate, less liens and encumbrances, is less than $15,000. There is a 28-day waiting period.

A small estate affidavit is a sworn written statement that authorizes someone to claim a decedent's assets outside of the formal probate process.

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.

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Indiana Summary Administration Package - Under $100,000 - Personal Property - Small Estates