Indiana Small Estate Affidavit Checker

$100,000, doubled from the old limit in 2022

Under IC 29-1-8-1, the affidavit procedure is available when the gross probate estate — less liens, encumbrances, and reasonable funeral expenses — doesn't exceed $100,000, for deaths after June 30, 2022 (the prior limit was $50,000). Property that already passes outside probate, such as jointly held assets or beneficiary-designated accounts, isn't counted toward this total at all.

Never real estate, regardless of value

The affidavit procedure reaches personal property only. A house, however modest, needs either an opened estate or a separate IC 29-1-7-23 title affidavit recorded with the county recorder — the small estate route can't move it under any circumstances.

A 45-day wait, then straight to the asset holder

After 45 days from the date of death, the inheritor submits Indiana's Small Estate Affidavit (Form 54985) directly to whoever holds the decedent's property — a bank, an employer, or another institution. There's no court filing, and no filing fee, since nothing is filed with a court.

Statewide limit, county-level filing logistics

The $100,000 threshold and 45-day wait apply identically in Marion, Allen, Lake, and Hamilton County, and every other Indiana county — only which local institution accepts the affidavit varies.

Indiana small estate — frequently asked questions

What is Indiana's small estate affidavit limit?

$100,000 or less in the gross probate estate, net of liens, encumbrances, and reasonable funeral expenses, under IC 29-1-8-1 — raised from $50,000 for deaths on or before June 30, 2022.

How long do I have to wait to use Indiana's small estate affidavit?

At least 45 days after the date of death, before submitting Form 54985 to whoever holds the decedent's property.

Can Indiana's small estate affidavit transfer real estate?

No, of any value — the affidavit reaches personal property only. Real property needs either administration or a separate IC 29-1-7-23 title affidavit recorded with the county recorder.

Does property that skips probate count toward Indiana's $100,000 cap?

No — only property subject to probate counts. Assets that already pass outside probate, such as jointly held property or accounts with a named beneficiary, are excluded from the calculation entirely.

Is there a filing fee for Indiana's small estate affidavit?

No — the affidavit is presented directly to asset holders, not filed with the court, so there's no court filing fee attached to this route.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Indiana statute (IC 29-1-8-1). Actual eligibility depends on the estate's full facts. Confirm with the Superior/Circuit Court or a licensed Indiana attorney before acting.