Small Estate Affidavit in Indiana

If the gross probate estate, minus liens, encumbrances and reasonable funeral expenses, is $100,000 or less (for deaths after June 30, 2022), a distributee can collect money owed to the decedent, personal property, bank accounts, securities and safe deposit box contents by affidavit 45 days after death, if no personal representative has been appointed or applied for. Vehicle and watercraft titles can be transferred by the BMV with an affidavit signed by all distributees. The affiant must notify all distributees. The affidavit does not cover real estate.

Small estate summary closing: if the estate (minus liens) is no more than $100,000 plus administration costs and reasonable funeral expenses (for deaths after June 30, 2022), the personal representative of an unsupervised estate or another court-appointed fiduciary may distribute the estate without notice to creditors and close it with a closing statement. When real estate is involved, an affidavit with the legal description and each person's share may be recorded with the county recorder.

Claims must be filed with the court within three months after the first published notice to creditors (or, for a beneficiary named in a will whose probate is later revoked, within three months after the revocation, if later). A known or reasonably ascertainable creditor who was not served notice within one month after the first publication, and is served later, must file within two months after being served. All claims are barred if not filed within nine months after death. Claims of the United States, the state or its political subdivisions are not subject to these filing deadlines, but the state's Medicaid estate recovery unit must file its claim within nine months after death. Mortgages and other liens can still be enforced, and negligence claims against a deceased person's estate can be brought within the tort statute of limitations.