Indiana Code Title 29. Probate § 29-1-8-3

Sec. 3 . (a) If the value of a decedent's gross probate estate, less liens and encumbrances, does not exceed the sum of:

(1) twenty-five thousand dollars ($25,000), for the estate of an individual who dies before July 1, 2007, and fifty thousand dollars ($50,000), for the estate of an individual who dies after June 30, 2007;

(2) the costs and expenses of administration;  and

(3) reasonable funeral expenses;

the personal representative of an unsupervised estate or a person acting on behalf of the distributees, without giving notice to creditors, may immediately disburse and distribute the estate to the persons entitled to it and file a closing statement as provided in section 4 of this chapter.

(b) If an estate described in subsection (a) 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 statement:

(A) If the individual dies after June 30, 2007, 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, 2007, 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.”.

(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.


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