This guide is general information, not legal advice. Probate rules can change and every estate is different. Please talk with an Indiana estate attorney about your specific situation.
What is probate?
Probate is the court process for settling a person’s affairs after they pass away. The court confirms who is in charge of the estate, gives creditors a chance to be paid, and makes sure what’s left goes to the right people, either under the will or, if there’s no will, under Indiana law.
In Marion County, estates are handled by the Marion Superior Court, Probate Division. In Johnson County and elsewhere, the case is filed in the county where the person lived.
When is probate needed, and when isn’t it?
Probate is usually needed when someone dies owning property in their name alone with no other way for it to pass, such as a house titled only to them.
Probate may not be needed for a particular asset when:
- Transfer on death (TOD) deed. Indiana allows a homeowner to sign and record a TOD deed naming who receives the house at death. If it was recorded before the owner died, the house generally passes to that beneficiary without probate.
- Joint ownership with right of survivorship. If the home was owned with someone “as joint tenants with right of survivorship” (or by a married couple as tenants by the entirety), it typically passes automatically to the surviving owner.
- Trust. If the home was deeded into a living trust, the trustee handles it under the trust’s terms, outside of probate.
- Small estates. For people who died after June 30, 2022, Indiana offers simplified procedures when the probate estate, less liens and encumbrances (and certain expenses), is $100,000 or less. Heirs can collect many assets using a small estate affidavit once 45 days have passed since the death. For real estate in a small estate, a different affidavit is recorded with the county recorder. Whether this fits depends on the full value of the estate, so ask an attorney before relying on it.
Supervised estates
In a supervised estate, the court oversees each major step.
- The personal representative generally needs court approval to sell real estate. This means filing a petition, often with notice to heirs and a hearing, and getting a court order.
- The personal representative files accountings with the court for approval, including a final account.
- Because more steps go through the court, supervised estates typically take longer and can cost more.
- Courts may use supervision when heirs don’t agree, the estate may not have enough to pay its debts, a will requests it, or more oversight is needed.
Unsupervised estates
In an unsupervised estate, the personal representative handles the estate with much less court involvement.
- The personal representative can generally sell real estate without a separate court order.
- Heirs still get notice, an inventory is due within two months of appointment, and heirs can ask for a copy.
- The estate is closed by filing a closing statement instead of a court-approved final account.
- Indiana allows unsupervised administration when, among other conditions, the estate is solvent (it can pay its debts), the personal representative is qualified, and either all heirs or beneficiaries join in and consent or the will authorizes it, and the will doesn’t request supervision.
- Any interested person can ask the court to switch the estate to supervised administration if problems come up.
Side by side
A quick comparison of supervised and unsupervised estates in Indiana.
| Topic | Supervised estate | Unsupervised estate |
|---|---|---|
| Court involvement | Court oversees major steps | Limited; personal representative acts on their own authority |
| Selling the house | Usually requires a court petition and order | Generally no separate court order needed |
| Accounting | Accountings filed with the court for approval | Inventory and accounting shared with heirs; closing statement filed with the court |
| When it’s used | Heirs disagree, estate may be insolvent, the will requests it, or the court decides it’s needed | Estate is solvent and heirs consent, or the will authorizes it |
| Closing the estate | Final account approved by the court | Closing statement filed; estate closes if no objection within 3 months |
| Typical pace | Slower | Usually faster |
| Cost | Often higher (more court filings and attorney time) | Often lower |
Typical steps and rough timeline
Every estate moves at its own pace. This is a general outline.
- Petition filed. Someone (often a family member named in the will) asks the probate court to open the estate and appoint a personal representative.
- Personal representative appointed. The court issues “letters,” the document that shows banks, title companies, and buyers who has authority.
- Notice to creditors. Notice is published in a local newspaper once a week for two weeks in a row and sent to heirs and known creditors. Most creditor claims must be filed within 3 months after the first published notice, and claims are generally barred if not filed within 9 months after the date of death.
- Inventory. The personal representative lists the estate’s assets, including the house.
- Secure and sell property if needed. The house may be sold during the estate. In a supervised estate, court approval comes first.
- Pay debts, expenses, and taxes.
- Distribute and close. In an unsupervised estate, the personal representative can file a closing statement no earlier than 3 months after the first published notice to creditors. Indiana law says the final account should generally be filed within one year of the personal representative’s appointment unless there’s good cause for more time.
Rough timeline: Simple estates often take several months to a year. Estates with disputes, hard-to-sell property, or supervision can take longer. Your attorney can give a better estimate for your case.
Who is the personal representative?
The personal representative is the person the court appoints to manage the estate. If there’s a will, it’s usually the person named as executor. If there’s no will, a close family member or another qualified person usually petitions to serve. The personal representative collects assets, pays debts, keeps records, and distributes what’s left. They also sign the deed if the house is sold. An out-of-state family member may be able to serve, but Indiana requires a nonresident to name a resident agent and post a bond (which the court may adjust in an unsupervised estate).
Read more: Personal Representatives: Your Responsibilities, including a printable checklist.
What it means for selling the house
- Who can sign: Usually the personal representative, after letters are issued. The title company will confirm.
- Keep it insured and maintained. Tell the homeowner’s insurance company the owner has died and the house may be vacant, because many policies limit coverage for vacant homes. Keep utilities on as needed, keep the lawn cut, and winterize in cold months.
- As-is is fine. Many estate homes sell as-is, sometimes with belongings still inside. Repairs aren’t required, but a few targeted ones can help.
- Out-of-state representatives and families. Personal representatives and family members who live elsewhere can rely on a local broker for showings, vendor access, and updates. Closings can often be handled by mail or remote signing through the title company.
- Timing: Talk with your attorney about when to list, especially in a supervised estate or if debts may need to be paid from the sale.
How I help
As a licensed broker for over 28 years, I help personal representatives and families:
- Get a realistic as-is value and an estimate of net proceeds
- Coordinate cleanouts, estate-sale companies, contractors, and locksmiths
- Keep the house checked on and looked after while it’s vacant
- Work alongside your estate attorney on timing and paperwork
- Market, show, negotiate, and close the sale, even if you live out of state
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.
This guide is general information, not legal advice. Probate rules can change and every estate is different. Please talk with an Indiana estate attorney about your specific situation.
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.