Indiana Small Estate Affidavit (2026): $100,000 Limit After Funeral Costs

A parent dies. A week later the bank teller wants paperwork the family does not have. The Indiana small estate affidavit is the answer for smaller estates. Heirs use it to collect bank accounts, investments and other personal property without opening a probate estate. That rule lives in Indiana Code 29-1-8-1. A death after June 30, 2022 gets a $100,000 limit. Earlier deaths back to July 1, 2006 get $50,000.

Two features of Indiana’s version matter most: the limit is measured after liens, encumbrances and funeral expenses, and cars and boats can move through the BMV after five days. Here you will see who qualifies, what the affidavit must say and where land fits.

The Indiana limit depends on the date of death

IC 29-1-8-1 ties the limit to when the person died:

The value measured is the decedent’s gross probate estate, wherever located, less liens, encumbrances and reasonable funeral expenses. Those deductions come off before the total is checked against the limit.

What the Indiana affidavit must state

Wait 45 days after the death, and the rule changes: anyone who owes the decedent money or holds the decedent’s personal property must pay or deliver it to the distributee named in a compliant affidavit. In the Indiana Code, a distributee is a person entitled to the decedent’s property under a will or Indiana’s inheritance law. Either the distributee or someone acting for the distributee can make the affidavit. It states:

1. The gross probate estate, less liens, encumbrances and reasonable funeral expenses, does not exceed the limit that applies ($100,000 for deaths after June 30, 2022);
2. 45 days have passed since the death;
3. No application or petition to appoint a personal representative is pending or has been granted in any jurisdiction;
4. The name and address of each distributee entitled to a share, and the part each is entitled to;
5. That the affiant has notified each distributee named in the affidavit of the affiant’s intention to present it; and
6. That the affiant is entitled to the payment or delivery on behalf of each distributee named in the affidavit.

The value test counts the gross probate estate “wherever located,” so property outside Indiana counts toward the $100,000. If the person lived in another state, check that state’s small estate procedure first.

The Coalition for Court Access, which is not a state agency, offers a fillable form titled Affidavit for Transfer of Assets Without Administration. It asks which Indiana county the decedent lived in, the date of death and the value box that fits that date. It also asks for each person’s share and why that person is entitled, for example as a beneficiary under a probated will or as a surviving spouse or dependent child. You sign it under penalties of perjury. There is no notary block. The statute does not ask for a notary stamp or a certified death certificate. Holders may, so ask each one what it wants.

One more state form is narrower than it looks. If the State Comptroller is holding a state warrant for the decedent, meaning a payment the state owes, the Comptroller uses State Form 49377, the Distributee’s Affidavit for Disposition of Small Estates. That form wants a notary. It also wants a copy of the death certificate; the instructions say to leave out the original.

What actually counts toward $100,000

Counted: the probate estate. The Indiana Code defines it as property transferred at death under the will or, with no will, under Indiana’s intestacy law, and it treats property as both real and personal. So real estate passing under the will or by intestacy counts toward the value, even though this affidavit cannot transfer it.

Subtracted: liens, encumbrances and reasonable funeral expenses.

Ask first: some accounts and assets pass by a route other than the will. Before you count one or leave it out, ask the holder or the county clerk, or talk to an attorney.

Cars and boats: 5 days through the BMV

Vehicles and watercraft have a faster route than other property. Under IC 29-1-8-1(c), the certificate of title to a motor vehicle or watercraft can be transferred once five days have passed since the death and no appointment of a personal representative is contemplated. The BMV makes the transfer on receipt of an affidavit with the value statement and the statement that the affiant is entitled to the property, and the distributees of the estate must sign it.

The BMV’s form is State Form 18733, Affidavit for Transfer of Certificate of Title for a Vehicle / Watercraft Without Administration (revision R10/11-24). The form asks for the vehicle details, says a copy of the death certificate is required, and asks the claimant to state that five days have passed, that no petition for a personal representative is pending or granted, and that the claimant is entitled to the vehicle. It also asks the claimant to certify that the vehicle is not subject to any liens that are the claimant’s responsibility. That lets a family retitle a car long before the 45-day affidavit for bank accounts is available.

Real estate: the separate recorded affidavit

The 29-1-8-1 affidavit is built for personal property. Real estate in a small estate falls under IC 29-1-8-3, and that section speaks of a fiduciary: the personal representative of an unsupervised estate, or a person a court appoints to act for the decedent or the distributees. Where the value test is met, the fiduciary may disburse and distribute the estate without giving notice to creditors. If the estate includes real property, an affidavit may be recorded with the recorder in the county where the property is located.

The value test is a little different here. The gross probate estate, less liens and encumbrances, must not exceed $100,000 (for deaths after June 30, 2022) plus the costs and expenses of administration and reasonable funeral expenses. The recorded affidavit must contain:

• the legal description of the real property;
• the statutory statement that the estate does not exceed that sum;
• the name of each person entitled to at least a part interest, the share each receives, and whether it is a divided or undivided interest; and
• a statement explaining how each share was determined.

The fiduciary closes the estate by filing a verified closing statement with the court, and a copy of any affidavit recorded under section 3(c) is attached to it (IC 29-1-8-4). Ask the county recorder’s office what it will accept.

How to use it, step by step

1. Order copies of the death certificate. The BMV form requires one, and holders may ask for one.
2. Retitle vehicles through the BMV, which is available after 5 days.
3. List every asset. Mark the ones that pass under the will or intestacy law.
4. Subtract liens and funeral expenses. Is the result $100,000 or less? Then you pass the value test. Missing the date-of-death values you need for the test? IC 29-1-8-1.5 lets you ask a holder for them with a short affidavit. The holder has three business days, and the section leaves out real property and safe deposit box contents.
5. Identify every distributee under the will or Indiana’s inheritance law, and notify each that you will present the affidavit.
6. Wait 45 days after the death, then sign the affidavit.
7. Present it to each bank or holder.
8. Pass each distributee the share the affidavit lists.
9. Handle Indiana land through the separate IC 29-1-8-3 route described above.

A worked example

Picture an Indianapolis man who died in 2026 with no will and no surviving spouse. Two daughters survive him. His checking account holds $24,000 and his brokerage account $61,000. The truck is worth $28,000, with a $19,000 loan still on it. One daughter covered the $12,000 funeral bill herself.

The three assets add up to a gross probate estate of $113,000. The truck loan takes it to $94,000. The funeral bill takes it to $82,000, under $100,000.

After 45 days, one daughter signs the affidavit, having notified her sister, and presents it to the bank and the brokerage. The affidavit names both daughters and the share each is entitled to.

After you collect: refusals and responsibility

The affidavit moves property without opening an estate, but the person who receives it stays accountable. Under IC 29-1-8-2, a holder that pays out on an affidavit is released as if it had dealt with a personal representative, and it does not have to inquire into the truth of the affidavit’s statements. Whoever receives the property answers to any personal representative of the estate, or to anyone else with a superior right. Keep records of what came in, what went out and who got it, plus proof that you notified each distributee.

A holder may refuse. IC 29-1-8-2 then says payment or delivery may be compelled in a proceeding brought by or for the persons entitled. Section 4.5 adds a second route. A distributee, or someone acting for one, may present an affidavit with the section 1(b) statements to “the court having jurisdiction over the decedent’s estate.” The court may then, without notice and hearing, enter an order that the distributees are entitled to the property. After notice and a hearing, a court may award attorney’s fees and costs if the holder acted in bad faith or did not respond within 30 business days to an affidavit that is consistent with section 1. An insurer regulated under IC 27 is treated separately. The statute says no more about where to file. Ask the county clerk.

Medicaid can claim against an estate

Did the person get Indiana Medicaid? Then the state may want to be repaid from the estate. Under IC 12-15-9-1, the total Medicaid paid on the recipient’s behalf after the recipient turned 55 is allowed as a preferred claim against the estate. The Family and Social Services Administration says its Estate Recovery Program will seek to recover what Medicaid paid on a recipient’s behalf after the recipient turned 55, and in certain other limited circumstances. The Code’s definition of “estate” is wide, too: it includes property conveyed by a nonprobate transfer (IC 12-15-9-0.5).

Some property is protected. The statute blocks enforcement against real estate or personal property necessary for the support, maintenance, or comfort of a surviving spouse, a dependent child less than 21 years of age, or a dependent who is nonsupporting because of blindness or other disability (IC 12-15-9-2). The office can also waive its claim for undue hardship (IC 12-15-9-6). FSSA’s page lists, among assets that cannot be recovered, all of a recipient’s assets while a spouse, a child under 21, or a child who is disabled or blind survives. That is FSSA’s description, not the statute’s wording. If the person received Medicaid, ask the program before you distribute anything.

Common mistakes with Indiana small estates

• Using the wrong limit for the date of death. If the death was in May 2022, the limit is $50,000, not $100,000.
• Forgetting the deductions. Families sometimes assume the estate is too large because the gross total is over $100,000, when liens and funeral expenses would bring it under.
• Signing before day 45. The affidavit states that 45 days have passed. Sign early and that statement is untrue.
• Forgetting to notify the other distributees. It is a required statement, not a courtesy.
• Trying to move land with the personal property affidavit. Indiana land that passes through the estate needs the IC 29-1-8-3 route or regular administration.
• Waiting 45 days for the car. Vehicles and watercraft can go through the BMV after 5 days.

When the affidavit will not work

• Over $100,000 after deductions: regular Indiana probate. Our probate cost estimator helps you plan costs.
• Distributees who disagree: the affidavit names every distributee and each share, so settle those facts before anyone signs. Still stuck? Talk to an attorney or the county clerk.
• Planning ahead: a beneficiary designation or a recorded transfer on death deed can keep an asset out of probate. See our transfer on death deed guide.

How Indiana compares

Indiana’s $100,000 limit is above the $75,000 median of the 49 numeric limits in our table. In our table, 32 states list a numeric waiting period. Of those, 28 are shorter than Indiana’s 45 days; Arkansas and Tennessee match it, and only Virginia’s 60 days is longer. Next door, as of October 2026: Illinois allows $150,000 and leaves registered vehicles out of the count (that rule changes for some vehicle types on January 1, 2027), Ohio uses a court release at $35,000, or $100,000 when everything goes to a surviving spouse, and Michigan sits at $53,000 for 2026. See every state in our small estate affidavit limits by state table.

Frequently Asked Questions

What is the Indiana small estate affidavit limit?

It depends on the date of death. After June 30, 2022 the limit is $100,000, measured as the gross probate estate less liens, encumbrances and reasonable funeral expenses. A death from July 1, 2006 through June 30, 2022 gets $50,000, and an earlier death gets $25,000.

How long is the wait in Indiana?

45 days after the death for the small estate affidavit. Vehicles and watercraft can be transferred through the BMV after 5 days.

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

For personal property, the statute has you present the affidavit to the holder. It does not call for a court filing. Land is different. Under IC 29-1-8-3 an affidavit may be recorded with the county recorder, and under 29-1-8-4 the fiduciary closes the estate with a closing statement filed in court.

Can the affidavit transfer a house in Indiana?

Not with the IC 29-1-8-1 affidavit, which covers personal property. Under IC 29-1-8-3, where a fiduciary handles a qualifying small estate, an affidavit may be recorded with the recorder in the county where the land sits.

Do funeral costs count toward the $100,000?

No. Under IC 29-1-8-1, reasonable funeral expenses are subtracted, along with liens and encumbrances, before the total is checked against the limit.

Do I have to notify the other heirs?

Yes. The affidavit must state that you notified each distributee named in it of your intention to present it, and it must list every distributee and their share.

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ClearLegalTips is an independent publisher of plain-English legal guides, free document templates, and cost calculators for common U.S. legal tasks. Every article is reviewed by founder and editor Fatih Öztürk and fact-checked against official sources: statutes, court fee schedules, and government filing pages. Not a law firm; nothing here is legal advice.