Indiana probate code · checked October 2026
For money and belongings, Indiana's affidavit limit is $100,000 — applied to the estate after the assets that pass automatically are taken out. The Indiana affidavit does not transfer real estate; in the Dispensing With Administration track, real property is evidenced by a recorded affidavit under § 29-1-8-3(b). The affidavit, where one exists, cannot be used until 45 days have passed since the death.
The affidavit limit today: $100,000, judged by the law in force on the date of death.
How it moves: presented to whoever holds the property; no court case is opened.
The wait: 45 days after the death before the affidavit can be used.
For a surviving spouse: No different affidavit cap for a surviving spouse as sole heir; a separate $25,000 spousal/family allowance under IC 29-1-4-1 is an allowance, not a higher affidavit cap.
| Track | Limit | How it works |
|---|---|---|
| Small-estate affidavit | $100,000 | Presented to whoever holds the property; no court case. |
| Dispensing With Administration - summary distribution (Ind. Code 29-1-8-3) | $50,000 | Dispensing With Administration (§ 29-1-8-3) is the court track at $50,000 plus administration costs and reasonable funeral expenses — note it did NOT rise when the affidavit cap did in 2022. |
Vehicles and watercraft are personal property collectible under the 29-1-8-1 affidavit (statute title expressly includes vehicle or watercraft); no separate vehicle exclusion from the cap was found in the statute text.
Affidavit measures the gross probate estate less liens, encumbrances and reasonable funeral expenses; no express affiant personal-liability-for-all-debts clause like Illinois was found in 29-1-8-1 - distributee takes subject to claims.
Rules checked October 2026 · Sources: Ind. Code 29-1-8-1(a)-(b); Ind. Code 29-1-8-1(b)(1)(C) ($100,000 if death after June 30, 2022); Ind. Code 29-1-8-3; Ind. Code 32-17-14 (Transfer on Death Property Act). This page reads the published law; it is not legal advice, and the court is the final word.