Get the free Personal Representative checklist.
Every step for the estate home, from hiring an attorney and securing the house to closing the estate, on a printable page you can check off as you go.
Click the checklist to open and print it →↓This page is general information, not legal or tax advice. Every estate is different and laws change. Please work with an Indiana estate attorney, and a tax professional for tax questions.
What is a personal representative?
The personal representative is the person the probate court appoints to settle an estate. If there’s a will, the person named as executor usually serves, and the court issues letters testamentary. If there’s no will, the court appoints an administrator, often a surviving spouse, an heir, or someone they nominate, and issues letters of administration. Either way, Indiana calls this person the personal representative.
Your “letters” are the court document that proves your authority. Banks, title companies, and buyers will ask for a copy, so keep several on hand.
Living outside Indiana? You may still be able to serve, but Indiana requires a nonresident personal representative to file a written acceptance, name a resident agent in Indiana to receive legal papers, and post a bond. The court may adjust or waive the bond in an unsupervised estate. Your attorney will handle the details.
Your fiduciary duty
As personal representative, you’re a fiduciary. You must act honestly, carefully, and in the best interest of the estate, its creditors, and the heirs or beneficiaries, not in your own interest. In practice, that means:
- Don’t mix estate money with your own.
- Don’t buy estate property or make deals that benefit you personally without the attorney’s guidance (and, where required, the court’s approval).
- Keep good records of every dollar in and out.
- Act in a reasonable amount of time. Indiana can hold a personal representative responsible for losses caused by neglect or unreasonable delay.
Secure, insure, and maintain the property
Indiana law directs the personal representative to take possession of the estate’s property, pay its taxes, and keep buildings in reasonable repair. For a vacant house:
- Change or rekey the locks and keep track of who has keys.
- Notify the homeowner’s insurance company of the death and that the house may be vacant. Many policies limit coverage for vacant homes, so ask whether a vacancy policy or endorsement is needed.
- Handle utilities. Transfer them to the estate’s name and keep on what the house needs, such as heat in winter.
- Winterize if the house will sit empty in cold weather and heat won’t be kept on.
- Keep it maintained. Mow, clear walks, collect mail, and remove valuables and important papers.
- Pay property taxes and keep up with the mortgage if the estate can, and track these as estate expenses.
Gather assets and file the inventory
Find and collect the estate’s assets: bank accounts, vehicles, the house, personal property, and money owed to the person who died. Within two months of your appointment (unless the court allows more time), you must prepare a verified inventory listing each asset at its fair market value as of the date of death, along with any known liens. In an unsupervised estate, heirs can ask for a copy. An appraiser can help value assets like the house.
Notice to creditors and paying valid claims
After letters are issued, notice of the estate is published in a local newspaper once a week for two weeks in a row, and mailed to heirs and known creditors. Creditors you know about or can reasonably find must also be notified.
- Most claims must be filed within 3 months after the first published notice, and claims are generally barred 9 months after the date of death.
- If the person who died was 55 or older, the state Medicaid program may be a creditor and must be notified.
- Review each claim with your attorney before paying. Indiana law sets the order in which claims are paid, so don’t pay debts early or out of order on your own.
Keep estate money separate
- Get an EIN. The estate is its own taxpayer and needs an Employer Identification Number (EIN) from the IRS. You can apply online.
- Open an estate bank account in the estate’s name using the EIN and your letters.
- Deposit estate income there, and pay estate expenses from it. Never run estate money through your personal account.
Taxes
- Final personal income tax return. File the person’s final federal Form 1040 (and Indiana return) for the year of death, plus any earlier years that weren’t filed.
- Estate income tax return. If the estate has $600 or more in gross income in a year, such as interest, rent, or a gain on selling the house, file federal Form 1041. Indiana’s estate income return is Form IT-41.
- Notify the IRS of your role. IRS Form 56 tells the IRS you’re acting as fiduciary.
- Estate tax. Indiana no longer has an inheritance tax for deaths after 2012. Federal estate tax applies only to very large estates. Ask your tax professional whether a federal estate tax return is needed.
Selling the estate real estate
- Unsupervised estate: You can generally sell the house without a separate court order, using your letters as proof of authority.
- Supervised estate: You usually must file a petition with the court describing the property and the reasons for the sale. Notice goes to the heirs (or beneficiaries) and lienholders unless they waive it, and the court holds a hearing before ordering the sale. The order sets terms such as public or private sale and the minimum price.
- Either way: Get a professional valuation, keep the attorney informed before signing a listing agreement or purchase contract, and expect the title company to ask for your letters. You’ll sign a personal representative’s deed at closing, and sale proceeds go into the estate account.
Communicate with the heirs
Keep heirs and beneficiaries informed. In an unsupervised estate, they receive a notice explaining their rights, can request the inventory, and get a copy of the closing statement. Regular updates on the house, such as the value, offers, and closing date, prevent misunderstandings and disputes. When family members disagree, bring the attorney in early.
Accountings and closing the estate
- Supervised estate: You file a final account with the court showing everything received and paid, and the court approves it before you’re discharged.
- Unsupervised estate: You can close by filing a verified closing statement no earlier than 3 months after the first published notice to creditors. You send it to the heirs and known unpaid creditors, with a full account to affected heirs unless they waive it in writing. If no one objects within 3 months, the estate closes automatically.
- Indiana law says the final account should generally be filed within one year of your appointment unless there’s good cause for more time.
Personal liability risks
A personal representative can be held personally responsible for losses to the estate caused by things like:
- Mixing estate money with your own
- Neglect or unreasonable delay in collecting assets or selling property
- Paying claims out of order, or distributing to heirs before valid debts and taxes are handled
- Self-dealing
- Failing to account or close the estate on time
Good records, an estate account, timely action, and your attorney’s guidance are the best protection.
Free printable checklist: selling an estate home as personal representative
Print it, keep it with your estate papers, and check items off as you go. It covers the first weeks, the house, taxes, and closing the estate.
First weeks
- Order several certified death certificates
- Meet with an estate attorney
- Locate the will, deed, insurance policies, and financial records
- Petition the court and receive letters (testamentary or of administration)
- Get an EIN for the estate and open an estate bank account
- File IRS Form 56 (notice of fiduciary relationship)
The house
- Change or rekey the locks
- Notify the homeowner’s insurer and ask about vacancy coverage
- Transfer utilities and keep on what the house needs
- Winterize if needed; arrange lawn care and mail pickup
- Remove valuables and important papers
- Keep up with property taxes and mortgage payments if possible
- Get a professional valuation (as-is and with light updates)
Administration
- Publish notice and notify heirs and known creditors
- Notify Indiana Medicaid if the person who died was 55 or older
- Prepare the inventory within 2 months of appointment
- Review claims with the attorney; pay valid claims in the proper order
- Track every receipt and expense
Selling the house
- Confirm selling authority with the attorney (supervised: court order needed)
- Let family remove keepsakes; arrange cleanout or estate sale of contents
- List, review offers with the attorney, and close; deposit proceeds to the estate account
Taxes and closing
- File the final Form 1040 and Indiana return
- File Form 1041 / IT-41 if the estate had $600+ in gross income
- Ask your tax professional about any federal estate tax return
- File the final account or closing statement and distribute to heirs
- Keep records after the estate closes
How I help personal representatives with the house
As a licensed broker for over 28 years, I take the estate home off your list:
- Valuation. A realistic as-is value and net-proceeds estimate you can use for planning and decisions.
- Cleanout and vendors. Referrals to cleanout crews, estate-sale companies, locksmiths, and contractors, with access coordinated.
- As-is sales. No repairs required; I’ll show you whether any small updates are worth it.
- Coordination with your attorney. Timing, court approvals in supervised estates, and documents for the title company.
- Out-of-state representatives. Property checks, photos, vendor access, and remote signing where the title company allows.
- The closing. I work with the title company and buyer’s side so the personal representative’s deed, payoffs, and proceeds are handled correctly.
Let’s take the house off your list
Tell me about the property and where the estate stands. I’ll work with you and your attorney on a clear plan.
Darrin Galyean, REALTOR® · My Agent Realty · Indiana license # RB14028265. Darrin Galyean is a licensed real estate broker with My Agent Realty, not an attorney or tax professional. This page is general information, not legal or tax advice. For advice about a specific estate, please consult an Indiana estate attorney. Last updated: October 2026.