Do we need probate to sell an inherited house in Indiana?

The short answer

Not always. Someone has to have the legal authority to sign the deed, and probate is one way to get it. Indiana also lets heirs move a house into their names by recording an affidavit once enough time has passed after the death, without a full probate case. A probate attorney can tell you which one fits.

What probate does

Probate is the court case that settles a person's estate. The court appoints a personal representative, who can then sign for the estate, including selling the house. It takes months and costs more, but it gives one person clear authority, which helps when the heirs don't all agree or there are debts to sort out.

The affidavit route

When no estate is opened, Indiana law lets an heir record an affidavit with the county recorder after a waiting period following the death. It puts the house in the heirs' names. It is often faster and cheaper than probate, but every heir then owns a share, so every heir signs the sale.

Which route works depends on whether there's a will, what else is in the estate, how long ago the owner died and whether the heirs agree. That's a question for a probate attorney. Many will answer it in a short first call.

Other ways a house passes

Some houses skip all of this: a transfer on death deed, a house held in a trust, or a deed to a surviving spouse that passes automatically. A title search shows what's on record.

If you plan to sell

Tell the probate attorney you plan to sell, and ask the title company handling the sale what paperwork it will accept. We work with the family's attorney and close at a licensed Indiana title company. Our inherited house page covers probate and several heirs in more detail.