In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.

For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.

And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.

Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.

In Indiana, the law provides for a simplified process to administer small estates. According to Indiana Code (IC 29-1-8-1), if the value of a decedent's personal property, not including real estate, does not exceed $50,000, the estate can be settled without formal administration by using a small estate affidavit. This affidavit can be executed by the successors after a waiting period of 45 days from the date of death. The successors must swear that the estate's value does not exceed the statutory limit and that they are entitled to the property. The affidavit must also state that there are no unpaid claims or demands against the estate or that the estate's assets are sufficient to pay any such claims. This process allows for the transfer of the decedent's assets without going through the full probate process. However, if the estate includes real property, a different procedure may apply, and it may be necessary to open a formal probate case. An attorney can provide specific guidance on the process and prepare the necessary documents to administer a small estate in Indiana.