Indiana Small Estate Affidavit | Affidavit of Heirship

Indiana allows the successors of a loved one who passed away in the state to file either an affidavit of heirship (personal or real property) or a small estate affidavit (real estate) if the decedent’s estate values at less than $50,000. In Indiana, personal property and real estate can both be claimed with a small estate affidavit. However, successors must wait at least 45 days after the decedent’s passing to file the affidavit, although they can wait up to 2 years to file the form.

Affidavit of Heirship: Not many states combine the affidavit of heirship and the small estate affidavit, but Indiana combines personal property like bank accounts and real estate into one form.

Small Estate Affidavit: In Indiana, successors may use the small estate affidavit to claim the decedent’s estate, as long as the total value comes to less than $50,000.



Not many states combine the affidavit of heirship and the small estate affidavit, but Indiana is one of those rare states that allows successors to claim all personal property and real estate with one affidavit form. Under Ind. Code § 29-1-8-1, successors must wait at least 45 days to file…

Under Indiana statute Ind. Code § 29-1-8-1, a deceased person’s heirs, whether biological, through marriage, or otherwise, may file one affidavit – the small estate affidavit – to claim the decedent’s estate, as long as the personal property, bank accounts, and real estate combined value less than $50,000. This form…