Ind. Code » Title 29
Indiana Code

Ind. Code § 29-1-8-1 (2025)

Small estates; payment upon presentation of affidavit; vehicle or watercraft; securities; insurance death benefit; safe deposit box; digital asset

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 1. (a) Forty-five (45) days after the death of a decedent and upon being presented an affidavit that complies with subsection (b), a person:

(1) indebted to the decedent; or

(2) having possession of personal property or an instrument evidencing a debt, an obligation, a stock, or a chose in action belonging to the decedent;

shall make payment of the indebtedness or deliver the personal property or the instrument evidencing a debt, an obligation, a stock, or a chose in action to a distributee claiming to be entitled to payment or delivery of property of the decedent as alleged in the affidavit.

     (b) The affidavit required by subsection (a) must be an affidavit made by or on behalf of the distributee and must state the following:

(1) That the value of the gross probate estate, wherever located, (less liens, encumbrances, and reasonable funeral expenses) does not exceed:

(A) twenty-five thousand dollars ($25,000), for the estate of an individual who dies before July 1, 2006;

(B) fifty thousand dollars ($50,000), for the estate of an individual who dies after June 30, 2006, and before July 1, 2022; and

(C) one hundred thousand dollars ($100,000), for the estate of an individual who dies after June 30, 2022.

(2) That forty-five (45) days have elapsed since the death of the decedent.

(3) That no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction.

(4) The name and address of each distributee that is entitled to a share of the property and the part of the property to which each distributee is entitled.

(5) That the affiant has notified each distributee identified in the affidavit of the affiant's intention to present an affidavit under this section.

(6) That the affiant is entitled to payment or delivery of the property on behalf of each distributee identified in the affidavit.

     (c) If a motor vehicle or watercraft (as defined in IC 9-13-2-198.5) is part of the estate, nothing in this section shall prohibit a transfer of the certificate of title to the motor vehicle if five (5) days have elapsed since the death of the decedent and no appointment of a personal representative is contemplated. A transfer under this subsection shall be made by the bureau of motor vehicles upon receipt of an affidavit containing a statement of the conditions required by subsection (b)(1) and (b)(6). The affidavit must be duly executed by the distributees of the estate.

     (d) A transfer agent of a security shall change the registered ownership on the books of a corporation from the decedent to a distributee upon the presentation of an affidavit as provided in subsection (a).

     (e) For the purposes of subsection (a), an insurance company that, by reason of the death of the decedent, becomes obligated to pay a death benefit to the estate of the decedent is considered a person indebted to the decedent.

     (f) For purposes of subsection (a), property in a safe deposit box rented by a decedent from a financial institution organized or reorganized under the law of any state (as defined in IC 28-2-17-19) or the United States is considered personal property belonging to the decedent in the possession of the financial institution.

     (g) For purposes of subsection (a), a distributee has the same rights as a personal representative under IC 32-39 to access a digital asset (as defined in IC 32-39-1-10) of the decedent.

Formerly: Acts 1953, c.112, s.801; Acts 1965, c.379, s.2; Acts 1971, P.L.406, SEC.1; Acts 1975, P.L.288, SEC.12. As amended by Acts 1977, P.L.2, SEC.80; Acts 1977, P.L.298, SEC.1; P.L.71-1991, SEC.15; P.L.77-1992, SEC.5; P.L.118-1997, SEC.16; P.L.59-2000, SEC.1; P.L.61-2006, SEC.4; P.L.51-2014, SEC.3; P.L.137-2016, SEC.1; P.L.163-2018, SEC.9; P.L.231-2019, SEC.13; P.L.56-2020, SEC.4; P.L.151-2022, SEC.1.

 

Notes of Decisions
Cited in 9 cases, 1984–2020 · leading case: Walker v. Lawson, 526 N.E.2d 968 (Ind. 1988).
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Walker v. Lawson, 526 N.E.2d 968 (Ind. 1988). · cites it 4× “However, following probation of the will, Lawson prepared a document by which Thomas elected to take against the will and receive his statutory share under Ind.Code § 29-1-8-1. As we view the case, at the time Sybille came to Lawson, she was aware of the fact that she had cancer…”
Gatlin Plumbing & Heating, Inc. v. Est. of Yeager, 921 N.E.2d 18 (Ind. Ct. App. 2010). · cites it 11× “Still, the majority declines to consider Gatlin's argument the estate was worth more than $50,000 and therefore administration should not have been dispensed with pursuant to Ind.Code § 29-1-8-1. It holds Gatlin is estopped from challenging the value of the estate because it…”
Indiana Dep't of State Revenue v. Est. of Smith, 460 N.E.2d 1263 (Ind. Ct. App. 1984). · cites it 4× “We venture no opinion as to whether Ind.Code § 29-1-8-1 et seq. were applied properly.”
McClure & O'Farrell, P.C. v. Grigsby, 918 N.E.2d 335 (Ind. Ct. App. 2009). · cites it 4× “Ind.Code § 29-1-8-1. Even if we assume for argument's sake that the trial court was correct, the record is devoid of any attempts by Patricia to comply with the requirements of that statute.”
Dunnick v. Indiana Dep't of State Revenue, 855 N.E.2d 1087 (Ind. T.C. 2006). · cites it 3× “On December 18, 2002, after Paul's will was admitted to probate, Ruth filed with the probate court a Petition of Surviving Spouse For Statutory Allowanee pursuant to Indiana Code § 29-1-4-1 (allowance petition), and an Election to Take Against the Will by Surviving Spouse…”
Walker v. Lawson, 514 N.E.2d 629 (Ind. Ct. App. 1987). “Code 29-1-8-1 (1982) in this instance unequivocally provides Thomas, a second childless spouse, the right to elect against the will and receive a one-third interest of the net personal estate of the testator plus a life estate in one-third of the testator's land. We can only…”
Est. of Calcutt v. Calcutt, 576 N.E.2d 1288 (Ind. Ct. App. 1991). “§ 29-1-8-1(c) that states: In electing to take against the will, the surviving spouse is deemed to renounce all rights and interest of every kind and character in the personal and real property of the deceased spouse, and to accept such elected award in lieu thereof.”
Anguiano v. LVNV Funding LLC, No. 2:12-cv-00523 (N.D. Ind. Feb. 10, 2020). · cites it 2× “See Ind. Code § 29-1-8-1 ; Mot. Substitute & Appoint ¶ 24–25.”
In re the Est. of White, 651 N.E.2d 324 (Ind. Ct. App. 1995). “Ind.Code 29-1-8-1. A spouse becomes entitled to her interest in her husband's real estate immediately upon his death.”
Ind. Code § 29-1-8-1(a): 1 case
Dunnick v. Indiana Dep't of State Revenue, 855 N.E.2d 1087 (Ind. T.C. 2006). “On December 18, 2002, after Paul's will was admitted to probate, Ruth filed with the probate court a Petition of Surviving Spouse For Statutory Allowanee pursuant to Indiana Code § 29-1-4-1 (allowance petition), and an Election to Take Against the Will by Surviving Spouse…”
Ind. Code § 29-1-8-1(b)(1): 1 case
Gatlin Plumbing & Heating, Inc. v. Est. of Yeager, 921 N.E.2d 18 (Ind. Ct. App. 2010). “Still, the majority declines to consider Gatlin's argument the estate was worth more than $50,000 and therefore administration should not have been dispensed with pursuant to Ind.Code § 29-1-8-1. It holds Gatlin is estopped from challenging the value of the estate because it…”
Ind. Code § 29-1-8-1(c): 1 case
Est. of Calcutt v. Calcutt, 576 N.E.2d 1288 (Ind. Ct. App. 1991). “§ 29-1-8-1(c) that states: In electing to take against the will, the surviving spouse is deemed to renounce all rights and interest of every kind and character in the personal and real property of the deceased spouse, and to accept such elected award in lieu thereof.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.