Indiana Small Estate Affidavit: $100,000 Limit and How to Use It

Indiana lets the people entitled to a deceased person's property collect it without going through probate court by using a small estate affidavit under Indiana Code 29-1-8-1. For a death after June 30, 2022, the affidavit is available when the gross probate estate, less liens, encumbrances and reasonable funeral expenses, does not exceed $100,000.

You must wait 45 days after the death. Indiana Code 29-1-8-1 requires a bank or other holder to pay or deliver on the affidavit "forty-five (45) days after the death of a decedent," and the affidavit itself must state that 45 days have passed. For how other states handle this, see our small estate affidavit rules by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Indiana's affidavit for transferring a deceased person's assets without administration under Indiana Code chapter 29-1-8, as set out in the official 2026 Indiana Code and the Indiana Legal Help form and self-help pages, and the Indiana BMV's vehicle and watercraft title routes. It does not cover full or supervised probate administration, who inherits under Indiana intestacy rules, inheritance or estate tax, or the law of any other state.

Can you skip probate for a small estate in Indiana?

Often, yes, if the estate is small enough. Indiana Code 29-1-8-1 lets a holder pay or deliver the property on an affidavit, without a court case, when the value of the gross probate estate, wherever located, less liens, encumbrances and reasonable funeral expenses, does not exceed $100,000 for a death after June 30, 2022. The limit is $50,000 for a death after June 30, 2006 and before July 1, 2022, and $25,000 for a death before July 1, 2006.

The affidavit is available only when every condition in the statute is met, not simply because the estate is small. Under Indiana Code 29-1-8-1(b), the affidavit must state:

• That the estate is within the dollar limit for the date of death.
• That 45 days have passed since the death.
• That no application or petition to appoint a personal representative is pending or has been granted in any jurisdiction.
• The name and address of each distributee entitled to a share of the property, and the part each is entitled to.
• That the signer has notified each listed distributee of the intention to present the affidavit.
• That the signer is entitled to payment or delivery of the property on behalf of each listed distributee.

The official form walks through these statements. Sign only if every one is true.

The limit is measured on the probate estate, not everything the person owned. Indiana Legal Help says: "Things that are owned jointly with someone else and assets that have a beneficiary (like life insurance) do not count toward the $100,000."

What this page could not confirm

We checked this page against the official 2026 Indiana Code, but several state forms returned errors. These points remain open:

• Whether the affidavit must be notarized. The statute's text does not mention notarization, and the Indiana Legal Help form is signed under penalties of perjury and has no notary block, but a holder may have its own requirements.
• What the BMV asks for with State Form 18733, beyond the statements the statute requires.
• What documents an heir must send to claim unclaimed property held by the state.

The form's instructions, the holder of the property, and the probate court clerk can answer these for your situation.

Who fills out the affidavit?

The Indiana Legal Help form, titled "Affidavit for Transfer of Assets Without Administration," opens with this instruction: "The person with rights to property under Indiana Code 29-1-8 fills out below." Indiana Code 29-1-8-1(b) says the affidavit is made "by or on behalf of the distributee." The Indiana Code defines distributees as the people entitled to the deceased person's property under a will, under the intestate succession statutes, or under the surviving spouse and family allowance in Indiana Code 29-1-4-1 (Indiana Code 29-1-1-3).

If you are not sure you are that person, for example because there is a will you have not dealt with, or more than one family member has a claim, talk to the probate clerk or a lawyer before you sign.

How to use the Indiana small estate affidavit, step by step

1. List what the person owned in their own name and what each item is worth. Subtract liens, encumbrances and reasonable funeral expenses, leave out jointly owned and beneficiary-designated assets, and compare the result with the limit for the date of death. If you do not know a balance, Indiana Code 29-1-8-1.5 lets you give the bank or company a separate affidavit asking for the date-of-death value; it must answer within three business days.
2. Get the official form. Download the Affidavit for Transfer of Assets Without Administration (CCA-EM-0722-5000) from Indiana Legal Help. Some county clerks post their own versions; ask the clerk if you are unsure which one to use.
3. Read every statement on the form and fill it out only if each statement is true, including that 45 days have passed since the death. Notify each person you list as entitled to the property that you intend to present the affidavit, because the affidavit says you have done so.
4. Sign it. The form ends: "I affirm under penalties of perjury that the foregoing representations are true." Before you go, ask each holder whether it will accept the form as signed or wants your signature notarized.
5. Give it to each holder of property, such as the bank or employer, along with anything the holder asks for, such as a copy of the death certificate.
6. Do not file it with a court. The affidavit goes to the holder, not the probate court, so there is no court case to open for this step.

If a holder refuses, Indiana Code 29-1-8-4.5 lets a distributee present the affidavit to the court with jurisdiction over the estate, which may order that the listed distributees are entitled to the property. The court may award attorney's fees and costs if the holder acted in bad faith in refusing, or did not respond within 30 business days after receiving an affidavit consistent with the statute. Different rules apply to insurance companies.

What the affidavit can and cannot reach

Bank accounts and other personal property. The statute covers anyone who owes the person who died money or holds their personal property, including bank accounts and stock (a transfer agent must re-register the shares), a death benefit an insurance company owes to the estate, and the contents of a safe deposit box rented from a financial institution (Indiana Code 29-1-8-1(a), (d)-(f)).

Cars, trucks and boats. The Indiana BMV's title forms page lists the "Affidavit for Transfer Of Certificate Of Title For A Vehicle/Watercraft Without Administration - State Form 18733." Use that BMV form, not the general affidavit, for a vehicle or watercraft title, and ask the license branch what it needs with it. Under Indiana Code 29-1-8-1(c), the BMV can transfer the title once 5 days have passed since the death if no appointment of a personal representative is contemplated. The affidavit must state that the estate is within the dollar limit and that the signer is entitled to the property on behalf of each distributee, and it must be signed by the distributees of the estate.

If the title already names a transfer on death (TOD) beneficiary, the vehicle does not need the affidavit. The BMV's transfer on death page says the beneficiary "must take the Indiana title containing the TOD designation and a copy of the decedent's death certificate to a BMV license branch to apply for a new Indiana title."

A house or land. The affidavit under Indiana Code 29-1-8-1 reaches money owed to the person who died and personal property; it is not the route for a house or land. For real estate in a small estate, Indiana Code 29-1-8-3 uses a fiduciary, meaning the personal representative of an unsupervised estate or a person a court appoints. For a death after June 30, 2022, that route applies when the gross probate estate, less liens and encumbrances, does not exceed $100,000 plus the costs of administration and reasonable funeral expenses.

The fiduciary may record an affidavit with the recorder in the county where the land is located, giving the legal description, each person's share and how it was determined. The fiduciary then closes the estate by filing a verified closing statement with the court, with a copy of the recorded affidavit attached (Indiana Code 29-1-8-4). Ask the probate clerk or a lawyer how to start, and see our Indiana property records guide to look up the deed.

Final paycheck. We did not find a separate procedure in Indiana's wage statutes for paying a deceased worker's final wages to family. Unpaid wages are money the employer owes the person who died, so they can be requested with the affidavit under Indiana Code 29-1-8-1(a)(1).

Unclaimed property. Money held by the state as unclaimed property has its own claim process. See our Indiana unclaimed property guide and ask the state's unclaimed property office what documents an heir must send.

Liability and false statements

You sign the Indiana Legal Help form under penalties of perjury, so every statement on it must be true.

The form also makes you responsible for what happens next. It says: "I charge myself with the responsibility of proper disbursement of the Decedent's property and hereby agree to hold harmless the transferor from any liability." If you collect property and pass it to the wrong people, or keep more than your share, you are the one who has to answer for it, not the bank that paid you.

The statute says the same. Under Indiana Code 29-1-8-2, a holder that pays or delivers on the affidavit is released as if it had dealt with a personal representative and does not have to check the truth of the affidavit. The person who receives the property "is answerable and accountable therefor to any personal representative of the estate or to any other person having a superior right."

When to open probate instead

If the estate is worth more than $100,000 after subtracting liens, encumbrances and reasonable funeral expenses, if an application or petition to appoint a personal representative is pending or has been granted, if the estate includes real estate, if any statement on the form is not true for your situation, or if the family disagrees about who is entitled to what, the affidavit is the wrong tool. Our Indiana probate guide explains how probate works in Indiana and the court options for settling an estate.

Related

• Small estate affidavit rules by state
• Indiana probate process
• Indiana unclaimed property
• Indiana property records
• Illinois small estate affidavit

Disclaimer: This article provides general legal information about Indiana's affidavit for transferring a deceased person's assets without administration under Indiana Code chapter 29-1-8, verified against the official 2026 Indiana Code on 2026-10-07. It is not legal advice. For help with a specific estate, contact the probate court clerk in the county where the person lived, Indiana Legal Help, a legal aid office, or a lawyer licensed in Indiana.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small estate limit in Indiana?

For a death after June 30, 2022, the gross probate estate, less liens, encumbrances and reasonable funeral expenses, must not exceed $100,000 (Indiana Code 29-1-8-1). The limit is $50,000 for a death after June 30, 2006 and before July 1, 2022, and $25,000 for an earlier death. Indiana Legal Help says jointly owned assets and assets with a beneficiary, like life insurance, do not count toward the $100,000.

How long after death can I use a small estate affidavit in Indiana?

45 days. Indiana Code 29-1-8-1 requires a holder to pay or deliver on the affidavit 45 days after the death, and the affidavit must state that 45 days have passed. A vehicle or watercraft title can be transferred by the BMV after 5 days if no personal representative appointment is contemplated.

Does an Indiana small estate affidavit need to be filed with the court?

No. The affidavit is given to the bank, employer or other holder of the property, not filed with a court.

Does the Indiana small estate affidavit need to be notarized?

The text of Indiana Code 29-1-8-1 does not mention notarization, and the Indiana Legal Help form is signed under penalties of perjury and has no notary block. Ask each holder whether it wants a notarized signature before you go.

Can I transfer a house with a small estate affidavit in Indiana?

Not with the Indiana Code 29-1-8-1 affidavit, which covers money owed to the person who died and personal property. For real estate in a small estate, a fiduciary such as the personal representative of an unsupervised estate may record an affidavit with the county recorder and then file a verified closing statement with the court (Indiana Code 29-1-8-3 and 29-1-8-4). Ask the probate clerk or a lawyer how to start.

How do I transfer a car title in Indiana without probate?

The Indiana BMV lists State Form 18733, Affidavit for Transfer of Certificate of Title for a Vehicle/Watercraft Without Administration. Under Indiana Code 29-1-8-1(c), the title can be transferred once 5 days have passed since the death if no personal representative appointment is contemplated, on an affidavit signed by the distributees. If the title names a TOD beneficiary, that person takes the title and a copy of the death certificate to a BMV license branch instead.