Disbursement and distribution of estate
Sec. 3. (a) If it appears that 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);
(2) the costs and expenses of administration; and
(3) reasonable funeral expenses;
the personal representative 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: "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.
(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.
Last modified: May 27, 2006