Detailed Answer
This overview explains how Indiana heirs can transfer their inherited interest in real estate located in another state. It is not legal advice.
1. Confirm Probate and Authority
After a decedent’s death in Indiana, the personal representative (executor or administrator) must open probate in Indiana or the state where the decedent resided. Under Indiana Code §29-1-7-13, the court issues Letters Testamentary or Letters of Administration, empowering the representative to distribute estate assets, including out–of–state real property. I.C. 29-1-7-13
2. Deed from Personal Representative to Heirs
Once probate closes or when the court approves distribution, the personal representative signs a Deed of Distribution conveying the property to the heirs. This deed follows the statute of the jurisdiction where the property sits. In many states, it resembles Indiana’s personal representative deed but may carry a different name.
3. Heirs Convey Their Interests
After receiving title, heirs wishing to sell or transfer must use the deed form required by the state where the property is located. Typically, heirs use a Quitclaim Deed to convey only their inherited interest without warranty. If the buyer demands assurances, heirs may grant a General Warranty Deed, subject to the other state’s form requirements.
4. Notarization and Acknowledgment
Each heir must sign before a notary public or other official authorized in that state. The deed must include:
- Heirs’ names and addresses
- Legal description of the property
- Date of the decedent’s death
- Reference to Letters Testamentary or Administration
5. Recording in the Out–of–State Jurisdiction
File the executed deed in the county recorder’s (or register of deeds) office where the property lies. Recording requirements often include:
- Filing fee (varies by state and county)
- Certified copy of the decedent’s death certificate
- Certified Letters Testamentary or Administration
- Applicable transfer tax form or affidavit (depending on state law)
Once recorded, the county assigns a new document number and updates its title index, reflecting the new owner.
Helpful Hints
- Review the property state’s recording manual online or call the county recorder’s office to confirm local deed form and fee.
- Order a certified death certificate early; processing can take weeks.
- Obtain certified Letters Testamentary or Administration in both Indiana and the out–of–state jurisdiction, if required.
- Use a professional title abstractor or attorney in the property’s state to handle unfamiliar recording rules.
- Ensure the legal description matches the current deed on record to avoid title issues.
Disclaimer: This article provides general information under Indiana law and is not legal advice. Always consult a qualified attorney in the property’s jurisdiction for guidance tailored to your situation.