Affidavit of Heirship in Indiana
Whether Indiana lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: Yes, for small estates. If the gross probate estate, less liens, does not exceed $100,000 (deaths after June 30, 2022) plus administration costs and reasonable funeral expenses, and the estate includes real property, an affidavit may be recorded with the county recorder where the land is… IC 29-1-8-3
| Affidavit / determination of heirship | Yes, for small estates. If the gross probate estate, less liens, does not exceed $100,000 (deaths after June 30, 2022) plus administration costs and reasonable funeral expenses, and the estate includes real property, an affidavit may be recorded with the county recorder where the land is located. The affidavit contains the legal description of the property, the statutory statement about the estate's value, and the names of the persons entitled to the property and their shares. Larger estates transfer real estate through a personal representative's deed in probate. Earlier limits: $50,000 for deaths July 1, 2006 - June 30, 2022; $25,000 before. Re-verified 2026-10-27. Source: IC 29-1-8-3 |
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| Who inherits without a will | Surviving spouse: one-half of the net estate if the decedent left children or descendants of a deceased child; three-fourths if no descendants but a parent survives; everything if no descendants or parents. A second or later spouse with no children by the decedent, when the decedent left children from an earlier marriage, receives only 25% of the net value of the decedent's real estate (plus the usual share of personal property). The rest goes to descendants; with no spouse or descendants, to parents, siblings and descendants of deceased siblings (each parent receives at least one-fourth), then grandparents, then aunts, uncles and their descendants. Re-verified 2026-10-27. Source: IC 29-1-2-1 |
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FAQ
Does Indiana have an affidavit of heirship?
Yes, for small estates. If the gross probate estate, less liens, does not exceed $100,000 (deaths after June 30, 2022) plus administration costs and reasonable funeral expenses, and the estate includes real property, an affidavit may be recorded with the county recorder where the land is located. The affidavit contains the legal description of the property, the statutory statement about the estate's value, and the names of the persons entitled to the property and their shares. Larger estates transfer real estate through a personal representative's deed in probate.
Who inherits if someone dies without a will in Indiana?
Surviving spouse: one-half of the net estate if the decedent left children or descendants of a deceased child; three-fourths if no descendants but a parent survives; everything if no descendants or parents. A second or later spouse with no children by the decedent, when the decedent left children from an earlier marriage, receives only 25% of the net value of the decedent's real estate (plus the usual share of personal property). The rest goes to descendants; with no spouse or descendants, to parents, siblings and descendants of deceased siblings (each parent receives at least one-fourth), then grandparents, then aunts, uncles and their descendants.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.