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Small Estate Affidavit Limits in Indiana

In Indiana, for deaths after June 30, 2022, a small estate affidavit can be used 45 days after the death if the gross probate estate is $100,000 or less, and a separate affidavit can be recorded to transfer real property.

Last checked . General information, not legal advice.

Indiana at a glance

Maximum estate value
$100,000
Gross probate estate less liens, encumbrances and reasonable funeral expenses, for deaths after June 30, 2022.
Waiting period after death
45 days
Real estate can pass
Yes, by recorded affidavit
An affidavit may be recorded with the county recorder where the real property is located.

Sources

Last checked

The rules in Indiana

What is the maximum estate value for a small estate affidavit in Indiana?

Maximum estate value in Indiana: $100,000. Gross probate estate less liens, encumbrances and reasonable funeral expenses, for deaths after June 30, 2022.

How long after the death must you wait to use a small estate affidavit in Indiana?

Waiting period after death in Indiana: 45 days.

Can real estate pass by small estate affidavit in Indiana?

Yes, by recorded affidavit. Real estate can pass in Indiana: yes, by recorded affidavit. An affidavit may be recorded with the county recorder where the real property is located.

Where do the Indiana small estate affidavit limits come from?

The rules above come from Ind. Code 29-1-8-1 and Ind. Code 29-1-8-3. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Check how the estate value is counted before relying on the shortcut. States differ on whether the limit covers all property or only probate property, and whether assets such as jointly owned accounts, life insurance with a named beneficiary or property in a living trust are left out of the total.

Gather the documents a holder is likely to ask for: a certified copy of the death certificate, the signed and often notarized affidavit, and proof of your identity and relationship to the person who died. Some holders use their own affidavit form, so ask before you prepare one.

A person who collects property with a small estate affidavit usually takes on duties to others with a claim to it, such as creditors and other heirs. Paying valid debts and distributing the rest correctly matters, because a successor who takes more than their share can be held liable for it later.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.