Small Estate Affidavit vs. Full Probate in Indiana: Which Applies?
Small Estate Affidavit is a narrower, faster alternative to full probate in Indiana — available only when the estate meets Indiana Code § 29-1-8-1's conditions (at or under $100,000 (gross probate estate, less liens/encumbrances/reasonable funeral expenses; personal property only (rose from $50,000 for deaths 7/1/2006-6/30/2022, and $25,000 before that))). Once an estate falls outside those conditions, full probate is what applies instead. This is informational only and is not legal advice.
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What makes Small Estate Affidavit different from full probate
Small Estate Affidavit is a narrower, faster alternative to full probate in Indiana — available only when the estate meets Indiana Code § 29-1-8-1's specific conditions (non-exempt property at or under $100,000 (gross probate estate, less liens/encumbrances/reasonable funeral expenses; personal property only (rose from $50,000 for deaths 7/1/2006-6/30/2022, and $25,000 before that))). Full probate has no such ceiling and no comparable shortcut; it's the default process every estate falls back into once it doesn't meet a narrower mechanism's conditions.
When an estate is pushed into full probate instead
- The estate exceeds the $100,000 (gross probate estate, less liens/encumbrances/reasonable funeral expenses; personal property only (rose from $50,000 for deaths 7/1/2006-6/30/2022, and $25,000 before that)) cap. Even one dollar over the statutory line under Indiana Code § 29-1-8-1 disqualifies small estate affidavit entirely — there's no partial or reduced-scope version of this mechanism for an estate just over the ceiling.
- Gross probate estate exceeded $100,000. The cap applies to the gross probate estate — wherever located — less liens, encumbrances, and reasonable funeral expenses, and only covers personal property. The current $100,000 figure applies only to deaths on or after July 1, 2022; deaths before that date are capped at $50,000 (from July 1, 2006) or $25,000 (before that).
- Fewer than 45 days have elapsed since death. The affidavit cannot be presented until at least 45 days have passed since the date of death — with one exception: a motor vehicle or watercraft transfer through the BMV needs only 5 days, not 45.
Why it's worth checking first: full probate is slower and typically far more expensive than small estate affidavit — a probate attorney typically charges $1,500–$4,200+ for the more limited process this guide covers, and full probate usually costs more and takes longer on top of that. Confirm eligibility before assuming you need the bigger process — see what qualifies for Small Estate Affidavit in Indiana.
Once you know which path applies, here's the next snag
Whichever mechanism fits, presenting it to the asset holder is where families lose time. Free one-pager: what to bring and say before you go, emailed now. Then a few short follow-ups over the next few weeks — then we stop.