Fill in and notarize an Indiana small estate affidavit form as an heir of the decedent to get the ownership of the real estate assets without passing through the probate procedure.
What Is a Small Estate Affidavit in Indiana?
The legal partner and inheritors of the deceased can get their property without going through probate in Indiana thanks to a small estate affidavit, also known as the State Form 54985.
Small estate regulations in the State of Indiana (Ind. Code §29-1-8-1) will take place if the person who passed away had transferred most of their property to a trustee as its nominal owner. The basic terms to qualify for a small estate affidavit are to wait the necessary amount of time following the decedent’s death and the total estate cost that shall not surpass the statutory maximum.
Small Estate Affidavit: Indiana Requirements
Indiana small estate affidavit has certain criteria to follow:
- Time After Death: 45 days minimal
- Small estate limit: $ 100,000 (as of 2022-2023)
- Notarization: Obligatory
Time After Death of the Decedent
According to Indiana small estate affidavit statute IC §29-1-8-1(a), before you can apply the form 45 (forty-five) days after the person’s death must pass.
Small estate limit
The worth of the real estate property must not reach a particular value to let you utilize the form. As of Indiana small estate affidavit statute IC §29-1-8-1(b), the biggest sum of money to obtain via the form is $100,000. It is applicable to the property of people who slipped away after June 30, 2022. The corresponding amount can’t surpass $50,000 for a decedent who died in the period from June 30, 2006, to July 1, 2022.
Signing and Notarizing
The Indiana state requires you to notarize the small estate affidavit.
Unlike other states, where the form must be filed with the court, an Indiana small estate affidavit for bank accounts is a legal option. Feel free to directly present the signed and notarized form to the target financial establishment as the holder of the deceased person’s small estate property.
Small Estate Affidavit Indiana: Instructions
To be an eligible applicant, ensure your small estate affidavit in Indiana covers the following aspects:
- It has to provide detailed information about every heir who is entitled to get a certain part of the estate assets, together with the percentage of the related estate account. Specify verified names and addresses of the inheritors.
- It has to declare that no request for an individual attorney has been approved.
A small estate affidavit Indiana form requires specifying every involved heir’s personal information and the amount of the portion from the deceased individual’s assets. So it is important to double-check and verify such details. Your form must include all the necessary fields in order to be considered legal:
- the data about the decedent (the name, residence, date of death, and Social security number);
- the information about individuals who are eligible to get the deceased person’s assets;
- the executor’s agreement to pay and deliver the assigned small property on behalf of inheritors who are highlighted in the affidavit;
- the executor’s signature;
- the notary’s signature and public details.
How to Notarize Indiana Small Estate Affidavit Online
You can notarize your Indiana small estate affidavit whenever you need — the desktop version of PandaDoc Notary simplifies the process, secures the uploaded documents, and finalizes the form in minutes. Online notarization keeps you in touch with the state-commissioned notary remotely and saves your time and money on in-person meetings.
Step 1: Open the Document Template
Register on the PandaDoc Website providing your valid email address and password for login. Open the blank small estate affidavit Indiana form (State Form 54985) and add recipients who else apply for the decedent’s assets. They’ll be notified via the link to the document.
Step 2: Complete the Small Estate Affidavit Form
One of the basic requirements for a small estate affidavit in Indiana is to state the names and other data of people entitled as heirs. If necessary, you can attach extra pages to the Indiana State Form 54985 template.
Step 3: Find the Notary
On the Home screen in the upper menu, select the Notary option and Create a New Request. You can upload your filled small estate affidavit Indiana form and check the data. Once you’re ready to proceed, click Notarize Now. The system will connect you with an on-demand notary via live video session to confirm your identification and finalize the form.
Step 4. Finalize and Notarize
To confirm your and other participants’ identities, you may select among multiple options, e.g., state ID, driver’s license, passport, permanent residence card, etc. You can capture the image of the document live or upload a photo via the system. Once your identity is confirmed, the notary will initiate the signing process, and that’s it. Once all signatures are in place, you get your notarized Indiana small estate affidavit form ready to download and print out.
How to Fill Out Small Estate Affidavit Indiana
The Indiana small estate affidavit instructions on how to complete the form are as follows.
Step 1: Decedent Information
The first table in the document describes the identity of the resident of the State of Indiana who died — their assets and estate are under consideration in the statement:
- provide the deceased person’s name;
- highlight their Social Security number to guarantee proper and timely individual identification;
- report the person’s date of death — the month-date-year format is most typical;
- state the residential address of the individual whose assets are discussed in the small estate affidavit.
Step 2: Affiant Statement
After the “comes now” line in the State Form 54985 template, define your name as the affidavit’s executor.
Step 3: Specify the Decedent’s Entitles Inheritors
In this table, an executor has to provide the heir’s name, address, and the portion of the deceased individual’s account.
Step 4: Clarify Your Identity
Your task is to fulfill the corresponding field with your printed name, full physical address, and Social Security number. Sign the document and, therefore, comply with all the aforementioned statements.
Step 5: Certification of Notary Public
Notarize the form and get it signed by a professional notary offline or online.
What is the purpose of a small estate affidavit in Indiana?
A small estate affidavit in Indiana is a simplified form to settle a small estate asset of the dead person by its inheritors. The main goal is to reduce the number of government-related actions and authorize heirs’ access to the capital while omitting the probation procedure. The signed and notarized format of this sworn statement is enough to claim the legal transfer of the property and assets.
When do you need a small estate affidavit in Indiana?
If you are named in the Will of the deceased, you can submit the corresponding form for probate within thirty days of the person’s death. The family (the spouse or children) must wait ten days more following the death before filing an Indian small estate affidavit. It is a legal option only when the total estate’s and assets’ value complies with the law in the state.
Does a small estate affidavit need to be notarized in Indiana?
Yes. Gathering the deceased person’s assets without notarizing your affidavit form will be impossible. There are two ways to sign and notarize the document — either in front of a notary or with the help of online notarization tools like the PandaDoc Notary service.
How do I file a small estate affidavit in Indiana?
Prepare the affidavit document — use the State Form 54985 template. The next step is to notify all the identified heirs, notarize the affidavit, and gather the assets. To get access to the decedent’s Last Will and Testament, please contact the court where they resided.
How do I notarize small estate affidavits in Indiana?
To notarize a small estate affidavit in Indiana, you have to fulfill the form’s fields correctly and provide all the requested details. Online notarization is the easiest and fastest way to get the service done. With PandaDoc Notary, it will be a secure operation as well — you will access the recording of notarial acts and ID verification with distant access to the submitted files.