Use the threshold tied to the date of death; older deaths can fall under an earlier, lower ceiling. The test covers the whole probate estate and uses the statutory deductions, not a rough account balance.
Apply the date-of-death value test
Total the gross probate estate and subtract liens, encumbrances, and reasonable funeral expenses. The claimant must be entitled to the property, and no application for a personal representative may be pending or granted.
- The governing net amount is within the ceiling in force on the date of death.
- At least 45 days have passed since death.
- No personal representative is pending or appointed.
- The claimant can state the names and addresses of the other entitled people.
Give the holder a signed affidavit
The affidavit states the value calculation, elapsed time, absence of administration, and the claimant's entitlement. Present it to the bank, debtor, securities intermediary, or other holder with any institution-specific identity and death documentation.
Distribute to every entitled person
A collecting successor does not automatically own the entire asset. The affiant must divide the property among the people entitled under the will or intestacy and account for charges that have priority.
- Preserve proof of each collection and payment.
- Pay or reserve for proper expenses and claims before final distribution.
- Deliver each beneficiary's or heir's share rather than relying on an informal family agreement.
Match the shortcut to the asset
Section 29-1-8 includes collection mechanisms for personal property and specialized transfers. It is not a general deed for real property, so confirm the separate statutory route before attempting to clear land title.
A later representative can require an accounting
Payment to an affiant protects a holder acting properly, but a recipient remains answerable to a later personal representative. False statements or a distribution to the wrong person can create personal exposure.
Where to read next
- Indiana estate & inheritance tax — the state’s estate, inheritance-tax, and probate overview.
- Indiana transfer-on-death deed — the separate route for real property, and whether Indiana offers one.
- The Executor & Heir’s Guide — the probate deadlines for Indiana, cited to the controlling statute.
Sources & methodology
Sources and current rules
| Current ceiling and wait | $100,000 net probate estate; 45-day waitInd. Code § 29-1-8-1 · deaths after June 30, 2022 |
|---|
Methodology & sources
Ind. Code chapter 29-1-8 supplies the date-sensitive ceiling, deductions, waiting period, affidavit statements, collection methods, and later-accounting rule.
Editorial review draft. The source record supporting the ceiling is listed above when one is available. The procedural questions identified in the article are not yet certified.
This page is educational and is not legal advice. Whether the affidavit procedure is right for a particular estate — and what liability the signer takes on — turns on facts a general page cannot resolve, including debts that have not surfaced yet. Confirm your own situation with an attorney licensed in Indiana.
Sources reviewed August 23, 2026.