Marion, IN asked in Real Estate Law and Probate for Indiana

Q: Does a small estate affidavit cover real estate in Indiana? Total assets-including real estate- is under $30,000.

Mother passed away without a will. No surviving spouse. Three adult children. All heirs agree to keep house in all three names. There are no significant debts and no mortgage. Would a small estate affidavit suffice to get the deed transferred?

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1 Lawyer Answer
William J Webster
William J Webster
  • Probate Lawyer
  • Westfield, IN
  • Licensed in Indiana

A: Yes, if the house is only worth $30K, then you can transfer via Small Estate Affidavit. I recommend verifying the value by a 3rd party such as the assessed value provided by the County for property tax purposes or hire an appraiser.

If you have additional questions, feel free to contact us at 317-565-1818.


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