Full question:
My sister died January 15th and left a house in foreclosure, a car worth about $3,000, an insurance policy for $10,000. No husband, no parents, no children, only three half brothers, can I file a small estate affidavit, and what is a fair price to pay for that?
- Category: Wills and Estates
- Subcategory: Small Estates Affidavit Law
- Date:
- State: Indiana
Answer:
In Indiana, you can file a small estate affidavit if:
- The value of the gross probate estate, minus liens and encumbrances, is less than fifty thousand dollars ($50,000).
- Forty-five days have passed since your sister's death.
- No application for a personal representative is pending or has been granted.
Since your sister's estate includes a house in foreclosure, a car worth about $3,000, and an insurance policy for $10,000, it appears you may qualify. However, the house's foreclosure status may complicate matters, as real property is not included in the small estate affidavit process.
The affidavit must include:
- A statement that the estate value does not exceed fifty thousand dollars.
- Confirmation that forty-five days have passed since her death.
- Details of all persons entitled to a share of the estate.
- Notification to those persons about your intention to file the affidavit.
- Your entitlement to the property on behalf of those persons.
For the filing fee, it varies by county, so you should check with your local probate court for the exact amount.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.