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IN · Circuit Court (or Marion County Probate Division)

Indiana

Small-estate-affidavit threshold and procedure under § Ind. Code § 29-1-8-1.

Verified 2026-05-04
Personal property
$100,000
statutory cap
45-day wait

For deaths after Jun 30 2022 (P.L. 122-2022, sec. 2). Pre-Jul 2022: $50K; pre-Jul 2006: $25K.

01

Who is eligible to file

  • Surviving spouse or registered domestic partner
  • Adult children, equally if more than one
  • Parents of the decedent, if no spouse or descendants
  • The named executor under the will, if one exists
  • An heir at law under Indiana's intestate-succession statute, in the absence of the above
02

What counts toward the threshold

The threshold counts only assets that pass through probate. The following do not count against the cap:

Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.

State note: For deaths after Jun 30 2022 (P.L. 122-2022, sec. 2). Pre-Jul 2022: $50K; pre-Jul 2006: $25K.

Waiting period
State requires 45 days to elapse from date of death (personal-property path) before filing.
Real property
Excluded — personal property only

The small-estate-affidavit pathway in this state excludes real property. Real-property transfers require a different procedure (often regular probate).

03

Where to file

File with the Circuit Court (or Marion County Probate Division) in the county where the decedent resided at death.

We do not maintain a county-by-county directory. The Indiana judicial system operates an authoritative court locator.

Find your county’s Circuit Court (or Marion County Probate Division) via the Indiana judicial council website. Search for “Indiana Circuit Court (or Marion County Probate Division) county locator” or visit the state government court directory.

04

Form & statute

Form
  • Small Estate Affidavit
    No statewide official form; counties and banks publish own templates.
Statute
§ Ind. Code § 29-1-8-1
https://iga.in.gov/laws/2024/ic/titles/29
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