Free 18733.FH11 - Indiana


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Date: August 13, 2007
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State: Indiana
Category: Government
Author: makidwell
Word Count: 822 Words, 5,322 Characters
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URL

http://www.state.in.us/icpr/webfile/formsdiv/18733.pdf

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AFFIDAVIT FOR TRANSFER OF CERTIFICATE OF TITLE FOR A VEHICLE / WATERCRAFT WITHOUT ADMINISTRATION
State Form 18733 (R5 / 7-07)

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STATE OF COUNTY OF

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(Print full name) (Print full name of decedent)

SS:

I __________________________________________, hereby swear or affirm, under penalty of perjury, the following: 1. That _________________________________________ died on the _____ day of ________________________, _______ leaving a will without leaving a will (check one) while domiciled in _____________________________ county, Indiana;

2. That a petition for the appointment of a personal representative of this estate is not pending, has not been granted, nor is being contemplated; 3. That five (5) days have passed since the death of the decedent; 4. That the value of the entire estate assets of the decedent, wherever those assets are located, after subtracting any liens and encumbrances, does not exceed $50,000.00; and 5. That this affiant is entitled to payment or delivery of the property on behalf of each person identified in the affidavit, and is entitled to receive without administration the following vehicle or watercraft from the person, firm or corporation listed below subject to the liens and encumbrances on it.
Year Make Type Title number Vehicle identification number (VIN) / hull identification number (HIN)

Name of person, firm or corporation holding the above listed vehicle or watercraft.

This affidavit is made to request the Commissioner of the Bureau of Motor Vehicles to issue a Certificate of Title for this vehicle or watercraft: 1. to the affiant on behalf of __________________________________________________________________________________
(Print full name(s))

_________________________________________________________________________________________________; or 2. to the purchaser of the vehicle or watercraft, who is _______________________________________________, as evidenced (Print full name) by the assignment of title made by the affiant.

I hereby swear or affirm, under penalty of perjury, that the information I have entered on this form is correct. I understand that making a false statement on this form may constitute the crime of perjury.
Signature Address (number and street, city, state and ZIP code)

Date signed (month, day, year)

IC 29-1-8-1 as amended by Public Law 61-2006, Section 4 states: Small estates; affidavit of conditions; motor vehicle transfers; securities; insurance death benefits; safe deposit boxes Sec. 1 (a) Forty-five (45) days after the death of a decedent and upon being presented an affidavit that complies with subsection (b), a person: 1. indebted to the decedent; or 2. having possession of personal property or an instrument evidencing a debt, an obligation, a stock, or a chose in action belonging to the decedent; shall make a payment of the indebtedness or deliver the personal property or the instrument evidencing a debt, an obligation, a stock, or a chose in action to a person claiming to be entitled to payment or delivery of property of the decedent. (b) The affidavit required by subsection (a) must be an affidavit made by or on behalf of the claimant and must state the following: 1. That the value of the gross probate estate, wherever located (less liens and encumbrances) does not exceed fifty thousand dollars ($50,000). 2. That forty-five (45) days have elapsed since the death of the decedent. 3. That no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction. 4. The name and address of each other person that is entitled to a share of the property and the part of the property to which each person is entitled. 5. That the claimant has notified each person identified in the affidavit of the claimants intention to present an affidavit under this section. 6. That the claimant is entitled to payment or delivery of the property on behalf of each person identified in the affidavit. (c) If a motor vehicle or watercraft (as defined in IC 9-13-2-198.5) is part of the estate, nothing in this section shall prohibit a transfer of the Certificate of Title to the motor vehicle if five (5) days have elapsed since the death of the decedent and no appointment of a personal representative is contemplated. A transfer under this subsection shall be made by the Bureau of Motor Vehicles upon receipt of an affidavit containing a statement of the conditions required by subsections (b) (1) and (b) (6). The affidavit must be duly executed by the distrubutees of the estate. (d) A transfer agent of a security shall change the registered ownership on the books of a corporation from the decedent to a claimant upon the presentation of an affidavit as provided in subsection (a). (e) For the purposes of subsection (a), an insurance company that, by reason of the death of the decedent, becomes obligated to pay a death benefit to the estate of the decedent is considered a person indebted to the decedent. (f) For the purposes of subsection (a), property in a safe deposit box rented by a decedent from a financial institution organized or reorganized under the law of any state (as defined in IC 28-2-17-19) or the United States is considered personal property belonging to the decedent in the possession of the financial institution.