How to Fill Out a Small Estate Affidavit in Indiana

By Ndung'u Patrick

In the State of Indiana, a small estate affidavit is used to transfer property to the beneficiaries once the decedent dies. It is mainly used for estates which do not exceed the value quoted by the state. The affidavit is filled by an affiant who declares to file correct and accurate information. A small estate affidavit is usually filed if the deceased died intestate, or if one mentioned someone as the heir in his/her will and if the deceased had a pending debt at the time of his/her demise. Once these conditions have been observed, one can fill an Indiana small estate affidavit form.

File the will with an Indiana county court. You are required to file with the Indiana court clerk. To do so, you are required to present the deceased's will and original documents to certify they are the true copies. You will be handed the affidavit form which you will be required to fill out.

Fill in the Indiana small estate affidavit form. Once you have obtained the form, you are required to duly fill in the details as indicated. All the information provided should be correct. Failure to do so could lead to being prosecuted for providing false information. Complete every feature in the affidavit. If the field does not apply, indicate 'none'. For more assistance, the clerk will assist by providing the necessary guidelines. You are also required to provide a verifiable signature at the bottom of the affidavit form (see ref 3).

Indicate all the required personal details about the deceased person. Provide the full names of the deceased, gender, age and date of demise. Include his/her mailing address, telephone contacts and the contact person. Indicate any surviving family members of the deceased, including a spouse, children or close relatives. As indicated in the will, describe how the property will be distributed and who the beneficiaries are.

Attach the death certificate from the deceased. To complete the procedure, attach a copy of the death certificate. A clerk needs to see the original copy first. Also, attach a copy of the certified will and a copy of the Small Estate Affidavit Form. Present these to the person holding the wealth of the deceased or use the services of a lawyer (see ref 2). You can use personal delivery or mail them to all the individuals who are named on the affidavit dorm. Leave a copy of all these documents at the respective Indiana county court and pay the required filling fees.

Take possession of the estate in accordance with Indiana legal guidelines. After 30 days of filing the affidavit, if there is no legal response from dissenting parties, the affiant may take possession of property as indicated in the affidavit. In case there is disagreement among the people named in a will, Indiana county legal guidelines advise all parties to go to a court clerk and follow stipulated legal procedures in addressing issues of concern. The affiant is also responsible for paying the taxes and all estate-related expenditures once the court makes the final decision.

About the Author

Ndung'u Patrick has been an academic and news writer across various disciplines since 2003. An accredited journalist, he has worked with Kenya News Agency since 2009 as a press officer and holds a Bachelor of Science in communications and public relations.