A person indebted to the decedent must pay the debt to another person who presents
an affidavit that states:
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1. That the value of the gross probate estate, wherever located, (less liens, encumbrances,
and reasonable funeral expenses) does not exceed $100,000 if the decedent died after
June 30, 2022 (or does not exceed $50,000 if the decedent died after June 30, 2006
and before July 1, 2022);
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2. That 45 days have elapsed since the death of the decedent;
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3. That no application or petition for the appointment of a personal representative
is pending or has been granted in any jurisdiction;
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4. The name and address of each other person that is entitled to a share of the property
and the part of the property to which each person is entitled;
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5. That the affiant has notified each person identified in the affidavit of the affiant’s
intention to present an affidavit under Indiana Code § 29-1-8-1; and
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6. That the affiant is entitled to payment or delivery of the property on behalf of
each person identified in the affidavit.
Ind. Code § 29-1-8-1.
We must review the affidavit to determine whether that the individual requesting payment
of an underpayment meets the above requirements. We must also determine whether the
underpayment would push the value of the estate over the estate limit in GN 02315.052A., which would invalidate the small estate process. An SSA underpayment is not excluded
when calculating the value of the estate. Ind. Code § 29-1-8-1. Therefore, we may
ask the individual for a general estate inventory to determine whether the value of
the estate, including the underpayment, is within the limit in GN 02315.052A.