Small Estate Affidavit – Collection of Personal Property

This page is for educational purposes only and is not legal advice. Forms and requirements change frequently — verify the current version with your local probate court or an attorney.

Last updated: August 15, 2026
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About Small Estate Affidavit – Collection of Personal Property

Allows a successor or claimant to collect personal property of a deceased person when the gross probate estate does not exceed $100,000 for decedents dying after June 30, 2022 ($50,000 for earlier deaths) and at least 45 days have passed since death, without requiring formal probate administration. Indiana Code § 29-1-8-1.

When you'd use it: When a decedent's personal property needs to be transferred to heirs or creditors, the gross probate estate does not exceed $100,000 for deaths after June 30, 2022 ($50,000 for earlier deaths), at least 45 days have passed since death, and no formal probate proceeding is pending.

Where to get the official form

The official version of Small Estate Affidavit – Collection of Personal Property is published as a PDF by the Indiana courts. We checked this link and it resolved to a form on an official court or government website — always download the current version directly from the source rather than a third-party copy:

Verified official PDF

Download Small Estate Affidavit – Collection of Personal Property (PDF) →

Source: in.gov

Link last checked: August 15, 2026

How to file Small Estate Affidavit – Collection of Personal Property in Indiana

  1. Step 1 — Confirm you have the correct formUse Small Estate Affidavit – Collection of Personal Property when a decedent's personal property needs to be transferred to heirs or creditors, the gross probate estate does not exceed $100,000 for deaths after June 30, 2022 ($50,000 for earlier deaths), at least 45 days have passed since death, and no formal probate proceeding is pending. Double-check it's the right form for your situation — Indiana probate forms are revised periodically, so verify the name and number against your court's current form list before you start.
  2. Step 2 — Complete every required fieldFill out Small Estate Affidavit – Collection of Personal Property carefully and review it for errors before filing. Probate cases can already take months — a small mistake on the form can set your timeline back further.
  3. Step 3 — Get it notarized or witnessed if requiredSome probate forms must be signed in front of a notary or witnesses. Check the instructions on the form itself, and arrange notarization before you file if it's required.
  4. Step 4 — File it with the correct courtSubmit Small Estate Affidavit – Collection of Personal Property to the probate court or county clerk handling the estate — usually in the Indiana county where the deceased lived. Ask the clerk how they prefer to receive filings (in person, by mail, or e-filing).

Working through the Small Estate Affidavit – Collection of Personal Property? SwiftProbate builds a personalized, step-by-step checklist for settling the estate — so you know which forms to file, in what order, and by when.

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Probate in Indiana

See the full Indiana probate guide for filing deadlines, small-estate options, timelines, costs, and county courthouse details.

Read the Indiana probate guide →

Frequently Asked Questions

What is Small Estate Affidavit – Collection of Personal Property?
Allows a successor or claimant to collect personal property of a deceased person when the gross probate estate does not exceed $100,000 for decedents dying after June 30, 2022 ($50,000 for earlier deaths) and at least 45 days have passed since death, without requiring formal probate administration. Indiana Code § 29-1-8-1. You'd typically use it when a decedent's personal property needs to be transferred to heirs or creditors, the gross probate estate does not exceed $100,000 for deaths after June 30, 2022 ($50,000 for earlier deaths), at least 45 days have passed since death, and no formal probate proceeding is pending.
Where do I file Small Estate Affidavit – Collection of Personal Property in Indiana?
Probate forms are filed with the probate court or county clerk in the Indiana county where the deceased person lived. Our Indiana probate guide can help you find the right courthouse, filing fees, and local requirements.
Do I need a lawyer to complete Small Estate Affidavit – Collection of Personal Property?
Many people complete probate forms themselves, especially for smaller or uncontested estates. Complex estates may benefit from professional advice. SwiftProbate is an informational tool that helps you understand and organize the process — it is not a law firm and does not provide legal advice.
Is Small Estate Affidavit – Collection of Personal Property available online?
Most Indiana probate forms are published as PDFs by the state courts or the county clerk. You can find the official source linked above.

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Disclaimer: This page is for informational purposes only and does not constitute legal advice. Probate forms and requirements vary by state, county, and individual circumstances, and change over time. Always verify the current form and instructions with your local probate court, and consult a qualified attorney for advice specific to your situation. SwiftProbate is not a law firm and does not provide legal representation.