Indiana Affidavit of Heirship for Small Estates
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How to fill out Affidavit Of Heirship For Small Estates?
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FAQ
An Indiana small estate affidavit is used to gather the assets of a person who has died and left behind an estate worth less than $100,000. The affidavit cannot be filed earlier than forty-five (45) days after the date of death and must be signed in front of a notary public.
In this situation, an heir can simply file what is called an affidavit of heirship with the court. You may find this form on your state court website or through the court clerk's office, or you may need to have an attorney or legal services firm create one for you.
I.C. 29-1-8-1 provides for the use of a small estate affidavit for estates less than $100,000 for individuals who die after June 30, 2022, and $50,000 for individuals who died after June 30, 2006 and before July 1, 2022.
Increases the value of estates that may be distributed via affidavit from $50,000 to $100,000. Increases the threshold for summary procedures for unsupervised estates from $50,000 to $100,000.
Indiana law says that a small estate affidavit must: Provide the name, address, Social Security number and date of the decedent's death. State that the value of the assets in the estate is less than $50,000. State that 45 days have passed since the death.
Is Probate Required in Indiana? Any estate worth more than $50,000 is subject to probate in Indiana. Estates worth less than $50,000 transfer ownership to heirs through the small estate administration with a written statement proving entitlement to the assets.
The Small Estate Affidavit may be helpful when an Estate has not been opened. Access the Small Estate Affidavit Form (PDF). As of July 1, 2022, the value of the decedent's estate was increased to $100,000. This form is not required to be filed with the Court.
Indiana residents can use a transfer-on-death form to name beneficiaries for vehicles, securities, and real estate to bypass probate. Cars, small boats, stocks, bonds, brokerage accounts, land, and houses all qualify.