How Do I Sell the House of My Deceased Mother in Indiana?

Full question:

Our Mother just passed away and left her house to the kids. Its free and clear and we have a buyer who want to pay cash for it. Everyone agrees on her will ,so what kind of probate do we have to go through to sell this if any in the state of Indiana?

• Category: Wills and Estates
• Subcategory: Probate
• Date: 04/07/2025
• State: Michigan

Answer:

A petition to probate the estate is filed with the court in the county where the deceased resided. The court will issue letters testamentary or letters of administration, giving the administrator authority to collect the assets and pay the debts of the decedent.

In cases where the decedent didn't own property valued at more than a certain amount, which varies by state, the estate may go through a small estate administration process, rather than the formal probate process. The amount is $50,000 in Indiana. To dispose of the real property interests of the decedent, the executor or administrator executes an executor's deed or fiduciary deed. For example, if a person who is a joint tenant dies without a will, the administrator of the estate can execute a fiduciary deed transferring their interest to the remaining joint tenants, or other person entitled to receive the interest under intestacy laws of the state.

An intestate estate is any part of the estate of a decedent not effectively disposed of by his will, which passes to his heirs as prescribed in the applicable state's laws of intestate succession. The estate of a decedent who dies intestate is distributed according to the intestacy laws where the decedent was domiciled and/or where the decedent owned real property. Under the intestate laws of succession, the spouse and heirs will receive property by the laws of descent and distribution and marital rights in the estate which may apply to a surviving spouse. Each state has an intestacy law which specifies who is to inherit property in the absence of a will. If a person dies without a will, the probate court will appoint a personal representative (or administrator) for his or her estate to receive creditors' claims against the estate, pay debts, and distribute the deceased person’s remaining property according to state laws. Certain assets are not included as part of a person's estate and may pass outside of probate, such as trust assets and transfer on death accounts or property owned by joint tenants which passes under a right of survivorship when one tenant dies.

Please see the following IN statutes to determine applicability:

 

IC 29-1-7-5 A petition for the probate of a will and for the issuance
of....

A petition for the probate of a will and for the issuance of letters
testamentary or for the appointment of an administrator with the will
annexed, or for the appointment of an administrator, shall state:

(1) the name, domicile, and date of the death of the decedent,
and whether the decedent is an adult or a minor;

(2) the name, and place of residence of each heir, and whether the heir
is an adult or a minor, in the event the decedent left no will; and the
name, and place of residence of each legatee and devisee, and whether each
legatee and devisee is an adult or a minor, in the event the decedent left
a will, so far as such are known or can with reasonable diligence be
ascertained by the personal representative;

(3) whether the person named in subdivision (1) died testate or
intestate;

(4) if the decedent was not domiciled in the state at the time of death,
a description of the property to be administered which is within the county
in which the petition is filed;

(5) if the will sought to be probated is unwritten, lost, or was
improperly destroyed or suppressed, a detailed statement of the provisions
of said will so far as known;

(6) the name and place of residence or business address of the person, if
any, designated as executor of the will;

(7) if the petition be for the appointment of an administrator with the
will annexed, or of an administrator, the name and place of residence or
business address of the person to be so appointed, together with a
statement of the person's relationship to the decedent, and such other
facts, if any, which entitle such person to be so appointed;

(8) the name and business address of the attorney who is to represent the
personal representative; and

(9) if the person named in subdivision (1) died intestate, whether a
petition to dissolve the marriage of the decedent and the decedent's spouse
is pending in an Indiana court or the court of another state at the time of
the decedent's death.

IC 29-1-7.5-1 (a) Upon the filing of a petition under IC 29-1-7-5, the....

(a) Upon the filing of a petition under IC 29-1-7-5, the following
persons may at any time petition the court for authority to have a
decedent's estate administered without court supervision:

(1) The decedent's heirs at law if the decedent dies intestate.

(2) The legatees and devisees under the decedent's will.

(3) The personal representative.

(b) The clerk of the court shall give notice of the filing of a petition
for unsupervised administration to creditors of the decedent as provided in
IC 29-1-7-7(c) and IC 29-1-7-7(d).

IC 29-1-8-1 (a) Forty-five (45) days after the death of a decedent and....

(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 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 claimant's 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 subsection (b)(1) and
(b)(6). The affidavit must be duly executed by the distributees 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 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.

IC 29-1-8-3 (a) If it appears that the value of a decedent's gross
probate....

(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) fifty thousand dollars ($50,000);

(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: fifty thousand dollars ($50,000), 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.