How to Fill Out a Small Estate Affidavit in Indiana

By Anna Assad

Probate is the court-supervised procedure through which the estate of a deceased person, known as the decedent, is dispersed. Indiana law allows an estate with less than $50,000 of assets to bypass the probate process. If this is the case, you can use a small estate affidavit to collect the decedent's personal property and real estate. For example, you may present the affidavit to a bank to get the funds from the decedent's bank accounts. However, you must wait until 45 days have elapsed since the decedent's death to file the affidavit. You must also be a lawful heir to file the affidavit. Further, you can't file an affidavit if anyone else has started the probate process.

Step 1

Fill in the name of the Indiana county at the top of the small estate affidavit. It should be the county where the decedent resided when he died or a county where he owned real estate.

Step 2

Enter your full name in at the top of the affidavit, after "I." Write your postal and residence addresses on the provided lines.

Protect your loved ones. Start My Estate Plan

Step 3

Compile a list of the decedent's living heirs and current addresses. Heirs, called "successors" on the affidavit in some counties, include the decedent's spouse and children. Check the Indiana probate laws if you're unsure whom you must list as heirs or how much of the estate each heir is entitled to receive. Visit the official website of the Indiana General Assembly to view state laws online.

Step 4

List each heir's name, address, relationship to the decedent, as well as his estate share percentage in the provided spaces on the affidavit. Use your heir list as a reference.

Step 5

Write in the decedent's full name and date of death on the provided lines of the affidavit.

Step 6

Take the affidavit form to a licensed notary public. You must sign and date the small estate affidavit in front of a notary public.

Protect your loved ones. Start My Estate Plan
Affidavit of Heirship When a Spouse Dies



Related articles

Death Without a Will in Michigan

Under Michigan law, when a person dies without a will, it is said the person died intestate. The law has rules for what happens to a person's property when a person dies without a will. These rules are necessary because there is no will to provide direction as to how the deceased wished to distribute his property. The probate court will distribute property that was not owned jointly, as well as property that did not have a named beneficiary, according to Michigan law.

Illinois Small Estate Affidavit and the Law

When a person dies, his estate must go through the probate process. However, Illinois allows small estates, estates worth less than $100,000 and containing no real estate, to avoid the probate process if the executor files a small estate affidavit. The law governing small estates differs somewhat depending on whether the decedent left a will or died intestate, meaning without a will.

How to Decline Being a Will Executor After a Death

An executor oversees the estate of a deceased person and handles her final financial affairs. Acting as an executor involves a myriad of duties, including preparing a thorough inventory of assets, paying final debts and taxes, and transferring shares of the estate to the recipients listed in the will. The executor is granted authority through probate, the proceedings used to validate the will. However, you can file in court to be relieved of the obligations of an estate executor.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help.

Related articles

How to Renounce the Estate

You may renounce an estate by completing and filling a renunciation form in the probate court handling the estate ...

What if the Heir Predeceases the Decedent in Texas?

In Texas, if an heir of a person dies before him, what happens to the heir's share of the estate depends on whether the ...

How to Become the Executor of a Deceased Relative's Estate in Pennsylvania?

In Pennsylvania, an executor is the person named in a will to administer the deceased's estate. The only way to become ...

What Is the Longest You Can Take to Settle an Estate in Virginia?

Settling an estate requires the completion of several steps in Virginia, and it can be a lengthy and complex process. ...

Browse by category
Ready to Begin? GET STARTED