FAQ: Submitting an Affidavit Accounting for Personal Property in a Small Estate (Indiana)

Short answer: In Indiana, an affidavit accounting for personal property in a small estate is a short, sworn statement used by heirs or an interested person to collect certain personal property of a decedent without formal administration. To do this correctly you must confirm you meet Indiana’s small-estate rules, prepare a clear affidavit listing the property and values, attach a certified death certificate and supporting documents, sign before a notary, then either file it with the probate court or present it to the third-party holder (bank, dealer, etc.).

Not legal advice. This article explains general Indiana procedure and common practice only. Consult a licensed Indiana attorney or the local probate court for legal advice about your situation.

Detailed Answer — Step-by-step under Indiana practice

1) Confirm you are eligible to use a small-estate affidavit

Before preparing an affidavit, verify that the decedent’s estate qualifies for the simplified procedure. Indiana’s probate statutes govern small estate and simplified processes for collecting personal property. If a personal representative (executor/administrator) has already been appointed, or if substantial real estate is involved, you usually cannot use a simple affidavit and must open a formal estate. For current statutory language see Indiana Code Title 29 (Decedents’ Estates and Fiduciary Relations): https://iga.in.gov/legislative/laws/2024/ic/titles/029/.

2) Identify the property you are trying to collect

Small-estate affidavits typically cover tangible personal property (bank accounts, vehicles, household goods) and small sums owed to the decedent. List each item clearly, including:

Description (account number, vehicle VIN, location of property)
Estimated dollar value
Where the property is held (bank name, dealer, individual)

3) Gather supporting documents

Common attachments include:

Certified copy of the decedent’s death certificate
Documentation showing your relationship to the decedent (marriage certificate, birth certificate, will naming you as beneficiary if applicable)
Proof of account ownership or vehicle title copy
Estimated values or recent statements

4) Draft the affidavit accounting for personal property

The affidavit must be a sworn statement signed before a notary. Typical content:

Identifying details for the decedent (full name, last address, date of death)
Your name, address, and relationship to the decedent
A statement that no personal representative has been appointed (if true)
An itemized list of the personal property you seek and each item’s value
A statement that you are entitled to collect the property (heir, spouse, legatee) under Indiana law
A statement about known creditors or outstanding debts affecting the listed items
A request that the court or third party release the property to you

Some counties use a local form. Check your county probate court or use a commonly accepted affidavit format; courts will often accept a clear, notarized affidavit containing the elements above.

5) Sign, notarize, and deliver or file the affidavit

Sign the affidavit in front of a notary public. Then either:

File the affidavit with the probate court in the county where the decedent lived (the court may record it or provide a stamped copy); or
Provide the affidavit and attachments directly to the third party holding the property (for example, a bank will often accept a sworn affidavit plus death certificate to release funds up to the small-estate threshold).

Which route you use depends on the holder’s policy and county practice. If you choose to present the affidavit to a bank or other holder, ask that entity what documents or forms it requires.

6) After delivery — what to expect

The bank or holder may accept the affidavit and release assets.
If the holder refuses, the court can issue an order after a simple hearing or after filing an appropriate small-estate petition.
If heirs or creditors object, the matter could convert to formal probate.

7) Keep records and provide receipts

When you collect assets, keep precise records and provide written receipts to the estate or other heirs. That documentation reduces later disputes.

Common issues and how to avoid them

Not meeting eligibility: confirm no administrator is in place and that the property fits a small-estate process.
Incomplete descriptions: include account numbers, vehicle VINs, or other unique identifiers.
No certified death certificate: many holders will not act without an official certified copy.
Creditors and liens: assets subject to liens or secured debts are not freely collectible without addressing the lienholder.

Where to find forms and local rules

Probate procedures and forms vary by county. For statutory references, begin at Indiana Code Title 29: https://iga.in.gov/legislative/laws/2024/ic/titles/029/. For local practice and forms, contact the probate division of the county court where the decedent lived or visit the Indiana Judiciary probate information page: https://www.in.gov/judiciary/probate/.

Example (hypothetical)

Maria’s father died in Marion County. He had a savings account with $8,000 and a car valued at $3,000. No personal representative was appointed. Maria, as his only surviving child, prepared an affidavit that listed the account (bank name and last four digits), the car (make, model, VIN), attached a certified death certificate, signed before a notary, and submitted the package to the bank and DMV. The bank released the funds after reviewing the affidavit; the DMV issued a new title in Maria’s name after she presented the affidavit and paid required fees.

Helpful Hints

Start by calling the probate clerk in the county where the decedent lived — they can confirm local practice and forms.
Obtain multiple certified death certificates at once; many entities require originals.
Ask banks or holders what evidence they require before you prepare the affidavit; some have their own forms or additional requirements.
List specific values and attach recent statements to support your valuations.
If the estate may have creditors or more assets than you think, consult an attorney before collecting assets.
Keep copies of everything and request written confirmation when an institution releases funds or transfers title.

Reminder: This article explains common Indiana practice for small-estate affidavits but is not legal advice. If questions are complex, contested, or involve significant assets or possible creditor claims, talk to a licensed Indiana probate attorney.