How Do I Determine Ownership When My Deceased Parent Is the Only Name Listed on the Deed in Indiana? | Indiana Probate | FastCounsel
IN Indiana

How Do I Determine Ownership When My Deceased Parent Is the Only Name Listed on the Deed in Indiana?

Disclaimer: This article is for educational purposes and not legal advice. Consult an Indiana attorney for guidance on your unique situation.

Detailed Answer

When a deceased parent appears as the sole owner on a deed, Indiana law treats that property as part of their estate. Here are the key steps to determine current ownership:

  1. Review the Deed Type. Visit the County Recorder’s office to obtain a certified copy of the recorded deed. Confirm whether the deed is a simple fee-simple deed or if it includes a transfer-on-death (TOD) designation under IC 32-17-14 (Transfer on Death Deeds). A valid TOD deed passes ownership directly to the named beneficiary at death without probate.
  2. Search for Joint Ownership or Beneficiary Designations. Look for language showing joint tenancy or a life estate. Absent these, the property enters probate.
  3. Locate a Will or Trust. Check with the probate clerk or the decedent’s attorney to see if a will or revocable trust exists. A will names an executor and directs how assets distribute. A trust may hold title outside probate.
  4. Apply Indiana’s Intestate Succession Rules. If no will exists, ownership passes under IC 29-1-2 (Intestate Succession). Spouses and children typically inherit first. If none of those heirs survive, next in line are parents or siblings.
  5. Open Probate or Use a Small Estate Affidavit. To transfer title, file for probate with the county court. If the estate’s real and personal property totals under $100,000, you may use a small estate affidavit under IC 29-1-8-1 (Small Estate Affidavit) instead of full probate. This process often costs less and moves faster.
  6. Record the New Deed. After appointment as personal representative or upon completing the small estate procedure, prepare and record a new deed conveying property to the heirs or beneficiaries.
  7. Consider a Quiet Title Action if Title Issues Arise. If a chain of title appears unclear—perhaps due to missed filings or conflicting claims—you can file a quiet title lawsuit under IC 32-30-11 (Quiet Title Actions) to confirm legal ownership.

Helpful Hints

  • Contact the County Recorder’s office to view all recorded documents tied to the property.
  • Search the Clerk’s office for any filed wills or probate records.
  • Gather a copy of the death certificate; most courts require it to open probate.
  • Compare estate assets to the $100,000 threshold to see if a small estate affidavit applies.
  • Keep an organized file with all court papers, deeds, and correspondence.
  • Consult an attorney if multiple heirs contest ownership or if the estate is complex.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.