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 radically simplifies the heirship process and allows the family to avoid probate court, which can be time-consuming and expensive.
How to Write
Step 1 – Download in Adobe PDF or Microsoft Word (.doc).
Step 2 – Enter the following into the form:
- Header – Enter Superior Court (See List)
- Name of Decedent
- Date of Birth
- Case Number
- Check the three (3) boxes depending on your situation
- Date and Sign
- Verification – On the last page you will be required to verify that everything you have stated is true and accurate
Step 3 – Obtain a notarized copy of the death certificate, and file the form with the proper clerk or courthouse.
