Indiana small estate
Indiana small estate limit
Indiana's small estate affidavit limit is $100,000 for deaths after June 30, 2022, after subtracting liens and reasonable funeral costs. You have to wait 45 days after the death (Ind. Code § 29-1-8-1).
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Indiana's small estate affidavit limit is $100,000 for deaths after June 30, 2022, after subtracting liens and reasonable funeral costs. You have to wait 45 days after the death (Ind. Code § 29-1-8-1).
General information, not legal advice. Statutes change, and courts apply them to the facts of each estate. Check with the probate court or a probate attorney before you rely on a figure or a date.
Small estate affidavit (Ind. Code § 29-1-8-1)
| Limit | $100,000 |
| What counts | Gross probate estate, wherever it's located, minus liens, other secured debts and reasonable funeral expenses. |
| Waiting period | 45 days after death |
| Statute | Ind. Code § 29-1-8-1 |
The limit was $50,000 for deaths from July 1, 2006 to June 30, 2022, and $25,000 before that.
Common questions
What is the small estate limit in Indiana?
The limit is $100,000 for the small estate affidavit (Ind. Code § 29-1-8-1). The limit was $50,000 for deaths from July 1, 2006 to June 30, 2022, and $25,000 before that.
What counts toward the Indiana limit?
Gross probate estate, wherever it's located, minus liens, other secured debts and reasonable funeral expenses.
How long do you have to wait to use it in Indiana?
You have to wait 45 days after death (Ind. Code § 29-1-8-1).
More for Indiana
- Executor compensation in Indiana→
No set percentage. The executor gets reasonable pay.
- Indiana probate forms→
34 court forms, by county.
- Indiana probate guide→
How full probate works there, how long it takes and what it costs.
- Indiana probate courts→
Where to file, with phone numbers, addresses and fees.
Sources
- Ind. Code § 29-1-8-1 — Indiana General Assembly
We last checked the statute text against the official publishers in August 2026.