Indiana Small Estate Affidavits for Estates Under the $100,000 Threshold

Losing a loved one is hard enough without court delays. Indiana gives families a faster option when the estate is modest. If the total probate estate is $100,000 or less, and enough time has passed, many families can use an Indiana small estate affidavit to collect property without opening a full probate. For families in Hamilton County, this can mean closing accounts and moving forward with less stress and lower costs.

The affidavit is a sworn statement presented to a person or company that holds the decedent’s money or property. Banks, credit unions, employers, brokerages, and the Bureau of Motor Vehicles are common holders. When the affidavit meets the statute’s rules, the holder can release the asset to the heir or person named in the affidavit. This process does not fit every situation, but when it applies, it is practical and respectful of a family’s time.

Webster and Garino LLC helps families decide whether the small estate route is available, what property is included, and how to avoid mistakes that cause rejections. Our team serves Westfield, Carmel, Fishers, Noblesville, Bloomington and nearby communities.

Formal probate requires the opening of a court case, appointing a personal representative, notifying creditors, and requiring reports to the court. That structure is useful when there are disputes, real estate to transfer, or complex debts. The small estate affidavit is different. You do not open a case. You present a sworn statement to each bank, employer, or agency that holds property, along with a certified death certificate. If the paperwork is complete and the estate qualifies, the holder can release funds without a hearing. For many Hamilton County families, that means fewer appointments, fewer fees, and a shorter timelineFormal probate requires the opening of a court case, appointing a personal representative, notifying creditors, and requiring reports to the court. That structure is useful when there are disputes, real estate to transfer, or complex debts. The small estate affidavit is different. You do not open a case. You present a sworn statement to each bank, employer, or agency that holds property, along with a certified death certificate. If the paperwork is complete and the estate qualifies, the holder can release funds without a hearing. For many Hamilton County families, that means fewer appointments, fewer fees, and a shorter timeline.

Before you rely on the affidavit, check that the estate qualifies. These points usually decide eligibility:

• Estate value at or under $100,000. The total probate estate value must be $100,000 or less after subtracting liens and encumbrances and reasonable funeral expenses. Property that already has a named beneficiary or is owned jointly with survivorship usually is not counted because it passes outside probate.
• Forty five day waiting period after death. You cannot use the affidavit until at least forty five days have passed from the date of death. The wait allows time for claims and helps avoid conflicting actions.
• No personal representative appointed. Because a court action for probate is not required, there is no need to appoint a personal representative in any court. If a probate action is already open, talk with counsel about next steps.
• Right person signs and gives notice. The signer must be entitled to receive the asset and must notify the other people listed in the affidavit of the plan to present it.
• Indiana connection and proper ID. Be ready to show a certified death certificate, identification, and any proof requested by the holder, such as relationship to the decedent or a copy of a will.

If any item is uncertain, ask before you present the affidavit. A short check can spare you a rejection at the bank counter.

A clear plan reduces delays. Use this simple process to move through the small estate affidavit steps with confidence:

• Confirm the estate snapshot. List the assets that still need transfer. Include balances, account numbers, and who holds the property. Remove items that pass to a named beneficiary or a joint owner, because they are not part of the decedent’s estate.
• Mark the forty five day date. Count forty five days from the date of death. If the deadline falls on a weekend or holiday, plan to present the affidavit on the next business day to avoid issues.
• Sign an affidavit form. Webster & Garino LLC can prepare an affidavit that satisfies Indiana law which you can then present to banks and other holders. Read each line before you sign.
• Notify each person named. The form requires you to notify everyone listed in the affidavit that you will present it. Keep a record of who you notified and how.
• Sign in front of a notary. Most holders require that the affidavit be notarized. Bring identification for the notary and any co-signers.
• Present the affidavit and death certificate. Take the signed affidavit, certified death certificate, and any account statements to the holder. If a bank or company has its own checklist, follow it to the letter.
• Collect and distribute funds. Deposit the funds to an estate account if one is needed, or distribute them to the people entitled under a will or under the law. Keep simple records of what you collected and where it went.
• Close the loop. After all assets are collected, keep a copy of the paperwork with the death certificate so there is a clear trail for taxes and future questions.

The affidavit is a helpful tool, but it does not solve every problem. It works best for personal property that a company or person holds. Common examples are checking and savings accounts, wages, refunds, certificates of deposit, and proceeds on a vehicle sale.

Real estate is different. In many estates, a court process may still be required for a clean title. Small estate affidavits are usually poor fits for property that is disputed or situations with large debts. If there is a question about title or a creditor claim, a short consult with counsel can prevent costly detours.

Families should also think about taxes, benefits, and timing. Collecting funds too early or without proper notice can create disputes. If you are unsure whether a debt or medical bill will change the picture, ask before you distribute money. It is easier to hold funds in a separate account than to ask relatives to return money later. When in doubt, ask the holder what they require and ask your lawyer how to meet those requests.

Indiana probate and no probate assets alignment

One reason families get confused about the $100,000 limit is that not all property is counted the same way. Accounts with a payable on death beneficiary, retirement plans with a named beneficiary, and property held with right of survivorship usually pass outside probate. Those assets transfer by contract or by title and are not part of the affidavit math. By contrast, a sole bank account with no beneficiary, last wages, a tax refund, and personal property in the decedent’s name are classic probate items. Make a simple list with two columns so you can see at a glance what the affidavit can reach and what will transfer by other means.

Gathering a few items in advance helps the affidavit work the first time you present it. A short checklist keeps the process moving:

• Certified death certificate. Most banks and agencies will want a certified copy. Order more than one if multiple holders need to see it.
• Affidavit form and notary plan. Print the latest form and schedule a time to sign in front of a notary. Many banks and shipping stores offer notary services.
• Account statements and policy info. Bring recent statements, policy numbers, and any letters that show the asset amount and holder contact info.
• Proof of identity and relationship. Bring a government ID. If you are not a spouse or child, bring documents that show your status under the will or the law.
• Contact info for other people listed. The affidavit asks you to notify the people named. Have their addresses and phone numbers ready and note when you gave notice.

A small estate affidavit can save time and cost, but details matter. The rules about the $100,000 cap, the forty five day wait, and proper notice must be met or a bank will refuse to release funds. When you work with Webster and Garino LLC, you get clear answers and a plan that respects your family and your budget.

For probate matters, our Bloomington office focuses on Indiana probate and helps families across the state, including Monroe County families. Call today to schedule a consultation and get a checklist that fits your situation.