✓ Verified June 2026
This guide explains the Indiana small estate affidavit in plain English — the exact dollar limit, whether real estate counts, the waiting period, and how to use it to skip full probate. The threshold is verified as of June 2026 (these limits change with inflation).
In This Indiana Guide:
Indiana Small Estate Eligibility at a Glance
Here are the exact rules for using a Indiana small estate affidavit:
| Small estate affidavit limit | $100,000 (effective July 1, 2022 (applies to deaths occurring after June 30, 2022; enacted by HEA 1199-2022)) |
| Real estate excluded? | YES — Indiana’s small-estate affidavit under IC 29-1-8-1 applies only to personal property. Real property cannot be transferred by small-estate affidavit. However, Indiana has a separate “passage of title affidavit” (also called a devolution affidavit) under IC 29-1-7-23 that may allow heirs to transfer real estate without full probate if at least 7 months have passed since death and no personal representative has been appointed. |
| Waiting period after death | 45 |
| Summary probate threshold | N/A — Indiana does not have a separate “summary probate” track with its own dollar threshold. Indiana offers unsupervised administration (IC 29-1-7.5) as a simplified alternative to supervised probate, but it is not limited by estate value; eligibility depends on court approval and whether heirs consent, not a dollar cap. |
| Transfer-on-death (TOD) deed allowed? | YES — Indiana enacted the Transfer on Death Property Act (IC 32-17-14), which allows property owners to execute and record a transfer-on-death deed naming a beneficiary. The deed must be signed and recorded while the owner is alive. The owner retains full control during life and may revoke the TOD deed at any time. Upon death, the property passes directly to the named beneficiary without probate. |
How to File a Indiana Small Estate Affidavit
1. Confirm the gross probate estate (personal property only, minus liens, encumbrances, and reasonable funeral expenses) does not exceed 100000. 2. Wait at least 45 days after the date of death. 3. Confirm that no application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction. 4.
Prepare Indiana State Form 54794 (Small Estate Affidavit), listing all assets, their values, and the names and addresses of all distributees. 5. The affidavit must be signed by the distributee (heir or beneficiary entitled to receive assets) and notarized. 6. Present the completed affidavit to the person, institution, or entity holding the decedent’s assets (bank, employer, brokerage, etc.). 7.
The holder of assets is required by law to release the assets to the affiant upon receiving the affidavit. 8. For motor vehicles or watercraft specifically, the affidavit may be used after only 5 days have elapsed since death (rather than 45), provided no personal representative appointment is contemplated.
Who can file in Indiana: Any “distributee” — defined as a person entitled to receive the decedent’s property, whether under a will (devisee/legatee) or by intestate succession (heir). If there are multiple distributees, any one of them may file the affidavit on behalf of all. The affiant must be a person who has a legal right to the assets.
Other Ways to Avoid Probate in Indiana
Joint tenancy with right of survivorship (real and personal property passes automatically to surviving joint owner); tenancy by the entireties (available to married couples for real property — passes to surviving spouse without probate); payable-on-death (POD) designations on bank accounts; transfer-on-death (TOD) registrations on brokerage and investment accounts; beneficiary designations on life insurance, retirement accounts (IRAs, 401(k)s), and annuities; revocable living trusts (assets held in trust avoid probate entirely);
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Indiana also allows multi-party accounts under IC 32-17-11.
Other Indiana small-estate rules: Indiana’s small-estate affidavit has a special carve-out for motor vehicles and watercraft: the waiting period is only 5 days (not 45) if no personal representative appointment is contemplated, and the title transfer can proceed through the Indiana Bureau of Motor Vehicles.
Indiana also has a separate provision (IC 29-1-8-1.5) that allows a distributee to file an affidavit requesting date-of-death values for personal property, accounts, and intangible property from any holder — this helps determine whether the estate qualifies before filing the full small-estate affidavit. Additionally, Indiana does not have a state estate or inheritance tax, which simplifies small-estate administration.
Safe deposit box contents are explicitly excluded from the small-estate affidavit process and require a separate court order or administration.
Understanding the Indiana Small Estate Affidavit
A Indiana small estate affidavit can let a family skip full probate entirely when the estate is below the state limit. The exact Indiana threshold above is the figure that decides eligibility — and because these limits change with inflation, using the current number matters. Filing a Indiana small estate affidavit is usually far faster and cheaper than formal probate, often resolving in weeks instead of months.
Your state court’s self-help center publishes the official Indiana small estate affidavit form and the current dollar limit.
Official Indiana Sources & Resources
- Indiana Court Self-Help: https://courts.in.gov/2706.htm
- Indiana Small Estate Statute: https://iga.in.gov/laws/current/ic/titles/29/
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This Indiana small-estate guide was last verified against official sources in June 2026. Thresholds change with inflation — verify the current limit with your state court.
More Indiana Wills & Probate Guides
- Indiana Wills & Estate Planning
- Indiana Probate Process
- Dying Without a Will in Indiana
- Indiana Estate & Inheritance Tax
- Indiana Living Trust
- Probate Cost Calculator
- All 51 States
Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.