What Qualifies for Indiana's Devolution Affidavit?
Indiana's Devolution Affidavit has no dollar ceiling under Indiana Code § 29-1-7-23; eligibility instead turns on the specific statutory conditions below. This is informational only — we don't determine your eligibility for you.
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The statutory line, exactly
Indiana's Devolution Affidavit has no dollar ceiling — eligibility instead turns on the specific conditions Indiana Code § 29-1-7-23 sets out. There's no total to add up before you know whether it applies.
The mistakes that actually sink an otherwise-eligible estate
3 reasons account for most of the rejections Indiana families run into — cited to the specific Indiana Code § 29-1-7-23 section behind each one, not general advice:
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A valid will exists but has not been admitted to probate. The statute's required content assumes title passed either by intestate succession or by a will that has already been ADMITTED to probate — the affidavit must state the probate court and cause number if a will is involved. Unlike some other states' heirship-affidavit mechanisms, Indiana's devolution affidavit is not clearly designed to cover a valid will that was simply never probated; formal probate is generally the correct path when a will exists and hasn't been admitted. — Indiana Code § 29-1-7-23(b)(6)
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Fewer than seven months have passed since death. The affidavit can be filed before seven months have elapsed since a 2020 statutory change, but it is only legally relied upon as prima facie evidence of title transfer once seven months have actually passed, provided no letters testamentary or administration have been issued. Relying on it earlier risks the very disruption the waiting period exists to guard against. — Indiana Code § 29-1-7-23(f)
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Family disagreement exists over who the heirs actually are. This affidavit is a sworn, self-executing statement with no judicial oversight — it is poorly suited to a situation where heirship itself is disputed among family members, since there is no hearing or court review built into the process the way a formal probate proceeding has. — Indiana Code § 29-1-7-23(b), (e)
Once you've confirmed the estate qualifies, the next question is the actual filing sequence — see how to file Devolution Affidavit in Indiana, step by step.
Once you know it applies, this is what trips families up next
Not the eligibility conditions — what happens after it's recorded. Free one-pager: the real scenarios that come up and what resolves each, emailed now. Then a few short follow-ups over the next few weeks — then we stop.