Indiana attorney reviewing a small estate affidavit with a surviving family member

Small Estate Probate · Serving All of Indiana

Small Estate Probate in Indiana

Indiana lets many families skip formal probate entirely. When the gross value of the estate is under $100,000, an affidavit presented directly to the bank or transfer agent can move assets to the heirs. At Webster & Garino LLC, we confirm whether you qualify and prepare that affidavit correctly the first time.

From our Westfield and Bloomington offices, we open and administer estates in every Indiana county, for Indiana families and for out-of-state law firms that need local probate counsel.

or call (317) 565-1818

Indiana attorney reviewing a small estate affidavit with a surviving family member
WHO WE HELP

Who Qualifies for Small Estate Probate

The small estate affidavit is one of the most useful tools in Indiana probate, and it is also one of the easiest to get wrong. We tell you quickly whether it fits your situation.

  • Families whose gross Indiana estate is valued under $100,000
  • Heirs waiting out the required 45 days after a death
  • Surviving spouses claiming a bank or brokerage account
  • Children collecting a vehicle title through the Indiana BMV
  • Families where no probate case has been opened and none is needed
  • Heirs whose only real question is who is entitled to what
  • Families told by a bank that an affidavit is required
  • Anyone unsure whether an affidavit still leaves debts owing

If the estate does not qualify, we open a streamlined unsupervised administration instead. Either way you get a clear answer before you spend money.

RELATED PROBATE TOPICS

Related Probate and Estate Topics

Each topic below has its own page explaining how Indiana law works and what to expect. Every estate is handled by one of our two founding partners.

Not sure where your situation fits? Call us and we will tell you which of these applies to you and what the next step looks like.

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Why Legal Guidance Matters

An affidavit is a sworn statement. Collecting assets you are not entitled to, or ignoring debts the estate still owes, can expose you personally. A short review before you sign is far cheaper than unwinding a wrong distribution later.

The Threshold Tests

What Indiana Requires for a Small Estate

Three conditions decide whether your family can use the affidavit process instead of opening a probate case.

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Value Under $100,000

The gross value of the estate subject to probate, not counting property that already passes by joint ownership or beneficiary designation, must fall under the statutory threshold.

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Forty Five Days

At least 45 days must pass after the death before an affidavit can be presented to a bank, insurer, transfer agent or the Indiana BMV.

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No Open Probate

No formal probate administration may be pending or granted, and the person signing must be legally entitled to receive the property being claimed.

HOW WE HELP

How the Small Estate Affidavit Process Works

From the first phone call to assets in the right hands, usually in weeks rather than months.

01

Qualification Review

We value the estate, separate probate assets from non-probate assets, and confirm the total falls under the Indiana threshold.

02

Debt and Claim Check

We identify outstanding debts, medical bills and liens so the affidavit accounts for them and the heirs are not surprised later.

03

Prepare the Affidavit

We draft the affidavit with the full asset list, the statutory recitals Indiana requires, and the correct statement of entitlement.

04

Notarize and Present

The affidavit is signed, notarized and presented directly to the bank, insurer, transfer agent or BMV. No court filing is required.

05

Collect and Transfer

Assets are released to the person entitled to them, titles are transferred, and accounts are closed or retitled.

06

Records and Follow Up

We document what was collected and distributed so the family has a clean record if a creditor or an heir raises a question later.

Indiana Law & Local Experience

Small Estate Probate Under Indiana Law

Indiana Code 29-1-8 allows an heir or beneficiary to collect personal property by affidavit when the gross value of the estate subject to probate is under $100,000 and at least 45 days have passed since the death. No court filing and no appointment of a personal representative are required.

The affidavit does not erase the estate’s debts. Whoever collects the property takes it subject to valid claims, so the smart approach is to identify creditors first. Real estate generally cannot be transferred by affidavit alone, which is where a short unsupervised administration often makes more sense.

We handle probate matters in all 92 Indiana counties for families, personal representatives and national law firms.

Indiana small estate probate attorney explaining affidavit requirements

FREQUENTLY ASKED QUESTIONS

Common Questions About Small Estate Probate in Indiana

We know you have questions. Here are the answers Indiana families most often need before they call.

The gross value of the estate subject to probate must be under $100,000. Property that already passes by joint ownership, beneficiary designation or a trust does not count toward that figure.

At least 45 days must pass from the date of death before the affidavit can be presented to whoever is holding the asset.

No. The affidavit is presented directly to the party holding the asset, such as a bank, an insurer, a transfer agent or the Indiana BMV.

Generally no. Real estate usually requires a probate proceeding or a transfer-on-death deed that was recorded during the owner’s lifetime.

The debts do not disappear. Whoever receives the property takes it subject to valid claims, which is why we review creditors before anything is collected.

We have offices in Westfield and Bloomington, and we handle probate in every Indiana county, including estates opened on behalf of out-of-state law firms. Consultations are available in person, by phone, or by video.
WE’RE HERE TO HELP

Let Us Take the Legal Weight Off Your Family

You do not have to work through an estate alone. Our attorneys confirm what Indiana actually requires and handle the paperwork so you can focus on your family.

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Serving All 92 Indiana Counties · Statewide Estate Administration · Local Probate Counsel for Out-of-State Law Firms