Small Estate Affidavit (Page 3 of 3) in pdf

Notes:

Chapter 8. Dispensing With Administration

IC 29-1-8-1

Sec. 1. (a) Forty-five (45) days after the death of a decedent and upon being presented an

affidavit that complies with subsection (b), a person:

(1) indebted to the decedent; or

(2) having possession of personal property or an instrument evidencing a debt, an

obligation, a stock, or a chose in action belonging to the decedent;

shall make payment of the indebtedness or deliver the personal property or an instrument

evidencing a debt, an obligation, a stock, or a chose in action to a person claiming to be entitled

to payment or delivery of property of the decedent.

(b) The affidavit required by subsection (a) must be an affidavit made by or on behalf of the

claimant stating that:

(1) the value of the gross probate estate, wherever located (less liens and encumbrances),

does not exceed twenty-five thousand dollars ($25,000);

(2) forty-five (45) days have elapsed since the death of the decedent;

(3) no application or petition for the appointment of a personal representative is pending or

has been granted in any jurisdiction; and

(4) the claimant is entitled to payment or delivery of the property.

nothing in this section shall prohibit a transfer of the certificate of title to the motor vehicle if

five (5) days have elapsed since the death of the decedent and no appointment of a personal

representative is contemplated. A transfer under this subsection shall be made by the bureau of

motor vehicles upon receipt of an affidavit containing a statement of the conditions required by

subsection (b)(1) and (b)(4). The affidavit must be duly executed by the distributees of the estate.

(d) A transfer agent of a security shall change the registered ownership on the books of a

corporation from the decedent to a claimant upon the presentation of an affidavit as provided in

subsection (a).

(e) For the purposes of subsection (a), an insurance company that, by reason of the death of

the decedent, becomes obligated to pay a death benefit to the estate of the decedent is considered

a person indebted to the decedent.

Disclaimer

This form is provided without any warranty, express or implied, as to its legal effect and completeness. Please use at

your own risk. If you have a serious legal problem, we suggest that you consult an attorney.

Form #0002009

Small Estate Affidavit Page 3