Detailed answer — step-by-step under Indiana law

1. Confirm how the property is titled

Start by checking the deed recorded at the county recorder/registrar where the property sits. Look for clues that change what you must do:

• If the deed names the decedent and another person as joint tenants with right of survivorship, the survivor may already own the property by operation of law. You still may need to record the death certificate and an affidavit to remove the decedent’s name from the deed.
• If the deed is in the decedent’s name alone, the property becomes part of the decedent’s probate estate and must be handled through probate or a court transfer.
• If a Transfer-on-Death (TOD) deed or beneficiary deed exists, it controls transfer without probate if it is valid under Indiana law.

2. Gather key documents

Collect the deed, the decedent’s death certificate (obtainable from the Indiana State Department of Health), any mortgage or lien information, bank statements, and lists of known heirs. You will need certified copies of the death certificate for court and title work.

Useful: Indiana Vital Records: https://www.in.gov/health/vital-records/

3. Figure out whether a formal probate is required

Indiana has procedures to handle estates of different sizes. Real estate generally must go through probate or a court action that transfers title (for example, a small estate procedure usually covers only personal property). If the decedent owned real estate in their name alone, you will likely need to open a probate estate in the county where the property is located so the court can appoint an administrator and order distribution to heirs.

Overview of Indiana probate and intestacy law: https://iga.in.gov/laws/2023/ic/titles/29

4. Open probate and ask the court to appoint an administrator

If there is no will, ask the probate court to appoint an administrator (sometimes called a personal representative) for the estate. The court will notify potential heirs and creditors and give the administrator authority to collect assets, pay debts, and transfer property under the court’s order.

Typical filings: petition for administration, a verified list of heirs, and a request for issuance of letters of administration. The court’s order will allow you to transfer or sell the house, or to distribute it to heirs pursuant to intestate succession rules.

5. Determine who inherits under Indiana intestacy rules

When a person dies without a will, Indiana’s intestate succession law determines who gets the estate. The court will apply those statutory rules to identify the heirs and their shares. For the current statutory text and details of those rules, see Indiana Code Title 29 (Probate) — intestate succession provisions: https://iga.in.gov/laws/2023/ic/titles/29#29-1-2

Because the division can vary depending on whether a surviving spouse exists and whether children are also heirs, expect the court to follow the statutory scheme when preparing a distribution order.

6. Transfer title after the court approves distribution

After the administrator inventories the estate, resolves creditor claims, and the court enters an order of distribution, the administrator signs a deed (or the court signs an order directing transfer) to give title to the heirs. Record the deed in the county recorder’s office to reflect the new owners.

7. If heirs agree, consider alternatives

If all heirs agree and there are no unresolved creditor or tax issues, options include:

• Agreement and court entry transferring title to heirs after a simplified probate or short-form procedure where available.
• Administrator executes a deed transferring the property to heirs after the court authorizes distribution.
• Partition or sale if some heirs want to sell and others want the property; a partition action in court can force sale or divide the property.

8. Special issues to watch for

• Mortgages and liens: the mortgage remains on the property and must be paid or assumed. Lenders may require payoff or refinancing when title transfers.
• Taxes: the estate may owe estate or income taxes; file final tax returns for the decedent.
• Creditor claims: the probate process includes notice to creditors and time for claims to be filed against the estate.
• Heirs who are minors or incapacitated: the court will handle their shares differently and may require guardianship or special handling.

9. Timeline and costs

Probate in Indiana can take a few months to over a year depending on estate complexity, creditor claims, disputes among heirs, and court schedules. Costs include filing fees, publication/notice costs, possible attorney fees, and costs to clear title. If heirs all cooperate and the estate is straightforward, the process is faster and cheaper.

10. When to get an attorney

You should strongly consider an Indiana probate attorney if:

• Real property is involved and ownership is unclear;
• Heirs disagree about keeping or selling the house;
• The estate has large debts, liens, or tax issues;
• Some potential heirs are missing, minors, or there are complex family relationships.

An attorney can file the probate paperwork, represent the administrator, prepare deeds, and help clear title.

Helpful Hints

• Get multiple certified death certificates early — counties, banks, and the recorder will ask for them.
• Search the county deed records online or at the recorder’s office before paying for a title search.
• Check for a Transfer-on-Death deed, joint tenancy, or beneficiary designation — any of these can avoid probate.
• If all heirs agree and the estate is small, ask the court clerk about simplified procedures or streamlined probate forms for your county.
• Keep careful records of all communications, notices to creditors, and receipts for estate expenses — the administrator must account for these to the court.
• If you plan to keep the house, expect the lender to require refinancing or a new mortgage if the loan was only in the decedent’s name.
• If one or more heirs want the house and others want cash, consider buying out the other heirs based on an agreed valuation or order a partition sale through court.
• Contact the county clerk or probate court for local forms and filing fee amounts; the Indiana Judicial Branch website is a good starting place: https://www.in.gov/judiciary/

Final reminder: This article explains typical steps under Indiana law but is not legal advice. Probate and property transfer can present legal risks and procedural traps. Talk with a licensed Indiana probate attorney for guidance tailored to your facts.