TN 11 (01-14)
GN 02315.052 Indiana Small Estates
Policy for Indiana small estate affidavit
1. Basic statute
Under Indiana Code — Section 29-1-8-1, where the value of the decedent’s gross probate estate does not exceed $50,000, a person indebted to or holding personal property of the decedent must pay the indebtedness or deliver the personal property when another person presents a proper affidavit.
2. Contents of affidavit
The claimant (or someone on his or her behalf) must make the affidavit and state the following:
That the value of the gross probate estate, wherever located (less liens and encumbrances), does not exceed $50,000;
That 45 days have elapsed since the death of the decedent;
That no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;
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;
That the claimant has notified each person identified in the affidavit of the claimant’s intention to present an affidavit under Ind. Code section 29-1-8-1; and
That the claimant is entitled to payment or delivery of the property on behalf of each person identified in the affidavit.
3. Good acquittance
Payment of an underpayment pursuant to an affidavit discharges and releases us to the same extent as if the claimant were the personal representative of the decedent. The payer is not required to inquire into the truth of any statement in the affidavit. For delivery, transfer, or release of personal property or payments, see Ind. Code Section 29-1-8-2.