Indiana Small Estate: Limit & How-To

One form, a 45-day wait, and a straight walk to the bank — no courthouse involved anywhere in the process.

IC 29-1-8-1 · Form 54985

Quick answer: once 45 days have passed and the gross probate estate is at or under $100,000, complete Form 54985 and present it directly to each bank, employer, or institution holding the decedent's personal property. Check whether an estate qualifies with the Indiana small estate checker.

Step by step

  1. Wait 45 days from the date of death.
  2. Total the gross probate estate, subtracting liens, encumbrances, and reasonable funeral expenses. Exclude real estate and anything that already passes outside probate.
  3. Complete Form 54985, Indiana's official Small Estate Affidavit, stating the successor's relationship to the decedent and the estate's value.
  4. Present it directly to each bank, employer, or other institution holding the decedent's personal property, along with proof of death.
  5. Handle real estate separately — through an opened estate or the IC 29-1-7-23 title affidavit, since the small estate affidavit never reaches it.

No court, no filing fee

This is a private-party process, not a court proceeding — the affidavit goes to whoever holds the asset. That means no court filing fee attaches to this route, unlike Indiana's flat $177 fee for opening a full estate.

More than one successor can use it

Multiple distributees can each present affidavits for their own respective shares of the personal property, as long as the estate as a whole still meets the $100,000 threshold — useful when several heirs are each collecting different accounts or items.

Facing probate in Indiana?

A local probate attorney can review your estate — many offer a free consultation.

Talk to an Indiana attorney

Form 54985 works identically whether the decedent lived in Marion, Allen, Lake, or any other Indiana county — the form and threshold are set statewide.

Limit & how-to — frequently asked questions

What is Indiana's official small estate affidavit form?

Form 54985, available through the Indiana courts' self-service forms, which the successor completes and presents directly to whoever holds the decedent's personal property.

What must Indiana's small estate affidavit state?

That the gross probate estate, less liens, encumbrances, and funeral expenses, doesn't exceed $100,000, along with the successor's identity and relationship to the decedent, among other statutory requirements.

Can more than one person use Indiana's small estate affidavit for the same estate?

Yes — multiple distributees can each present affidavits for their own respective shares of personal property, as long as the estate as a whole still meets the $100,000 threshold.

What happens if an asset holder refuses to honor a valid Indiana affidavit?

The statute is designed to compel compliance once a qualifying affidavit and proof of death are presented; persistent refusal can be addressed with a brief attorney letter citing IC 29-1-8-1, or ultimately by opening an estate instead.

How do I file a small estate affidavit in Indiana?

Once 45 days have passed and the gross probate estate is at or under $100,000, complete Form 54985 and present it directly to each bank, employer, or institution holding the decedent's personal property. Check whether an estate qualifies with the Indiana small estate checker.

This page provides general guidance only and is not legal advice. Based on IC 29-1-8-1. Confirm current requirements with the local court or a licensed Indiana attorney before acting.