Indiana Code 29-1-8-3. Disbursement and distribution of estate
(1) the personal representative of an unsupervised estate; or
Terms Used In Indiana Code 29-1-8-3
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Decedent: A deceased person.
- Fiduciary: A trustee, executor, or administrator.
- Probate: Proving a will
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(b) Except as otherwise provided in this section, if the value of a decedent’s gross probate estate, less liens and encumbrances, does not exceed the sum of:
(1) an amount equal to:
(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) the costs and expenses of administration; and
(3) reasonable funeral expenses;
the fiduciary, without giving notice to creditors, may disburse and distribute the estate to the persons entitled to it, followed by the filing of a closing statement, as provided in section 4 of this chapter.
(c) If an estate described in subsection (b) includes real property, an affidavit may be recorded in the office of the recorder in the county in which the real property is located. The affidavit must contain the following:
(1) The legal description of the real property.
(2) The following statements:
(A) If the individual dies after June 30, 2006, and before July 1, 2022, the following statement: “It appears that the decedent’s gross probate estate, less liens and encumbrances, does not exceed the sum of the following: fifty thousand dollars ($50,000), the costs and expenses of administration, and reasonable funeral expenses.”.
(B) If the individual dies before July 1, 2006, the following statement: “It appears that the decedent’s gross probate estate, less liens and encumbrances, does not exceed the sum of the following: twenty-five thousand dollars ($25,000), the costs and expenses of administration, and reasonable funeral expenses.”.
(C) If the individual dies after June 30, 2022, the following statement: “It appears that the decedent’s gross probate estate, less liens and encumbrances, does not exceed the sum of the following: one hundred thousand dollars ($100,000), the costs and expenses of administration, and reasonable funeral expenses.”.
(3) The name of each person entitled to at least a part interest in the real property as a result of a decedent’s death, the share to which each person is entitled, and whether the share is a divided or undivided interest.
(4) A statement which explains how each person’s share has been determined.
Formerly: Acts 1953, c.112, s.803; Acts 1959, c.239, s.1; Acts 1965, c.379, s.3; Acts 1971, P.L.406, SEC.2; Acts 1975, P.L.288, SEC.14. As amended by P.L.146-1984, SEC.2; P.L.118-1997, SEC.17; P.L.42-1998, SEC.2; P.L.95-2007, SEC.8; P.L.220-2011, SEC.473; P.L.194-2017, SEC.4; P.L.231-2019, SEC.14; P.L.56-2020, SEC.5; P.L.105-2022, SEC.19; P.L.151-2022, SEC.2; P.L.162-2022, SEC.8.