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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).

Last updated

What counts in Indiana: Gross probate estate, wherever it's located, minus liens, other secured debts and reasonable funeral expenses.

$
Did the person who died leave a will?
Is there a surviving spouse or registered partner?

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 countsGross probate estate, wherever it's located, minus liens, other secured debts and reasonable funeral expenses.
Waiting period45 days after death
StatuteInd. 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).

Sources

We last checked the statute text against the official publishers in August 2026.