Under Indiana Code § 29-1-8, an estate may be considered a “small estate” if the total value of the deceased person’s assets is less than $100,000. This threshold applies to the gross value of the estate, including all property, accounts, and personal belongings that do not pass outside of probate by joint ownership or beneficiary designations.

Key Criteria:

• The estate’s value is under $100,000.
• At least 45 days have passed since the individual’s death.
• No full probate proceeding has been started.
• The person presenting the affidavit is entitled to receive the assets.

It is important to note that debts and liabilities must still be paid, and the affidavit must state how those responsibilities will be handled.

Indiana’s small estate affidavit process allows heirs or beneficiaries to collect property without formal probate. Often called summary administration, it can greatly reduce the time and cost of settling an estate.

Steps to File:

Wait 45 Days
Indiana law requires a 45-day waiting period after death before using the affidavit.

Prepare the Affidavit
Include a full list of the deceased’s assets and known debts. The document must confirm that the estate qualifies as small under Indiana law.

Present the Affidavit
Submit the signed affidavit directly to the institution holding the property, such as a bank, insurance provider, or BMV. No court filing is needed.

Distribute Assets
Once accepted, the assets can be transferred to the correct heirs or beneficiaries.

While this process is simpler than formal probate, a probate attorney can help ensure everything is accurate. Incomplete or incorrect affidavits may be rejected or require extra steps.

Probate in Indiana can last anywhere from six months to several years, depending on the complexity of the estate. Simpler cases with clearly defined wills and cooperative heirs tend to resolve faster. Larger or disputed estates often involve extended timelines due to creditor claims, asset valuations, and legal contests.

Factors that may cause delays include:

• Disputes among heirs or beneficiaries.
  
• Missing or unclear documentation.
  
• Unpaid debts that must be negotiated or settled.
  
• Tax issues requiring IRS review.
  
• Real estate sales or business liquidation.
  

In Indiana, even a relatively simple estate must remain open for at least three months to allow creditors time to file claims. During this period, the personal representative must also complete an inventory of all estate assets.

By working with an experienced attorney, families can avoid common pitfalls that lead to delays. Legal guidance also helps prevent errors that could lead to court sanctions or disputes later in the process.

Probate court is part of the local circuit or superior court system in Indiana. When an estate enters probate, the case is assigned to a judge who oversees the legal process and ensures compliance with state laws. Unlike courtroom dramas, many probate matters are handled through paperwork and filings without frequent hearings.

That said, there are several moments when personal appearances may be required:

• Disputes over the validity of a will.
  
• Claims against the estate.
  
• Requests to remove or replace a personal representative.
  
• Guardianship requests for minor beneficiaries.
  

In Indiana, probate cases are public record. This means that all filings, including the will, become accessible through court records. This is one reason why many individuals choose to establish trusts or other tools that allow assets to pass outside of probate. You can learn about these tools on our page about avoiding probate in Indiana.

Court fees and filing costs are another consideration. These costs vary by county but are generally paid out of the estate’s assets. To avoid unnecessary expenses, it is often best to work with a probate lawyer who understands Indiana procedures and documentation.