How to open an estate for a sibling’s house in Indiana when there is no will

Short answer: In Indiana, real estate owned solely by your deceased sibling generally must go through probate administration unless title already passes by joint ownership, a transfer-on-death deed, or another non‑probate device. Probate starts in the probate court of the county where your sibling lived. The court appoints a personal representative, the estate’s assets are inventoried and debts paid, and then the court authorizes transfer of the house to the heir(s) under Indiana’s intestacy rules.

Detailed answer — step by step (what to expect and do)

1. Obtain certified death certificates.

   Request several certified copies from the Indiana State Department of Health Vital Records office (you will need them for the probate filing, banks, title companies, and mortgage companies). See: Indiana Vital Records.

2. Search for a will or non‑probate transfer documents.

   Check the decedent’s papers, safe deposit box, email, and with close family and any attorney they used. Also check the county recorder’s office for a transfer-on-death deed or deeds showing joint tenancy with right of survivorship. If a valid will exists, follow the will process; if not, proceed under intestacy.

3. Decide whether probate is required.

   Real property (a house) almost always requires probate to clear title when it was owned solely in the decedent’s name. Probate may not be required if:

   • the title named a surviving joint owner with right of survivorship;
   • there is a valid transfer-on-death deed (if one exists and complies with Indiana law); or
   • the property was held in a trust or other non‑probate arrangement.

   If none of those apply, plan to open a probate case in the county where your sibling lived.

4. Contact the local probate court and learn local filing rules.

   Probate procedures and filing fees are handled by the county probate court. The court clerk can tell you required forms and fees, how to schedule a hearing, and whether simplified procedures exist. Find your county court on the Indiana Judicial Branch site: Find a Court (Indiana).

5. File a petition to open administration and to appoint a personal representative.

   The person who petitions—often a family member who will serve as the personal representative—files with probate court: the petition, a certified death certificate, an inventory of known assets (or as much info as you have), and names and addresses of possible heirs. The court will issue letters of administration (official authority) after appointment. See general statutes in the Indiana Probate Code: Indiana Code Title 29 (Probate).

6. Provide notice to heirs and creditors; follow claim procedures.

   The court requires notice to all known heirs. The estate must also follow creditor-notice procedures so creditors can present claims. The personal representative evaluates, negotiates, and pays valid claims before distributions are made.

7. Inventory, appraise, and manage the property.

   The personal representative inventories assets including the house. If the property is occupied, the representative must secure and maintain it, pay insurance, and handle ongoing expenses such as mortgage, utilities, and taxes while the estate is open.

8. Resolve liens, mortgages, and taxes.

   If the house carries a mortgage or other liens, the estate must address them. That may mean paying off the mortgage from estate funds, refinancing, or selling the property with court approval. Contact the lender early to learn its process for a borrower’s death.

9. Transfer or sell the house when appropriate.

   After debts and administration costs are handled, the personal representative transfers title to the heirs under Indiana’s intestacy rules (if no will). That usually requires a deed prepared and recorded in the county recorder’s office reflecting the court-authorized distribution. If heirs choose to sell instead of keeping the house, the representative can list and sell the property using proceeds to pay liabilities and distribute net proceeds to heirs.

10. Close the estate with the probate court.

    When administration tasks finish—creditors resolved, taxes paid, assets distributed—the personal representative files final accounting and a petition to close the estate. The court issues an order closing the estate and discharging the representative.

Intestacy (who inherits) — general guidance

If your sibling died without a will, distribution follows Indiana’s intestacy rules. Typically these prioritize: spouse and descendants first, then parents, then siblings and their descendants, etc. The exact shares depend on who survives the decedent. For the controlling statutory framework, see the Indiana Probate Code: Indiana Code Title 29 (Probate).

When probate may not be necessary for the house

• Joint tenancy with rights of survivorship: the surviving joint owner usually becomes sole owner by operation of law.
• Valid transfer-on-death deed: if the decedent executed a TOD deed that complies with Indiana law, title passes to the named beneficiary outside probate.
• Property held in trust: real property owned by a properly funded living trust typically avoids probate.

Helpful hints

• Gather documents early: certified death certificates, deed and mortgage documents, recent tax bills, insurance policies, bank statements, and any correspondence with lenders.
• Contact the county recorder and assessor: they can confirm the current title status and property tax situation.
• Do not transfer or sell the house without court authority or written authority as personal representative; doing so can create legal liability.
• Talk to the mortgage lender right away—some lenders offer options for estates, and failing to notify them may cause default notices or foreclosure steps.
• Understand that small‑estate shortcuts usually apply to personal property, not real estate. Expect formal probate for most sole‑owned houses.
• Keep detailed records and receipts for all estate transactions; the court will require an accounting before closing the estate.
• Time and cost: simple probate takes a few months; more complex estates can take a year or more. Expect filing fees, possible appraisal costs, postage, publication fees, and legal fees if you hire an attorney.
• Consider hiring a probate attorney in the county where the decedent lived for help with petitions, notices, and deeds. If you cannot afford one, the probate court clerk can point you to local self-help resources and forms.

Where to find official forms and help

• Indiana Probate Code and statutes: https://iga.in.gov/legislative/laws/2023/ic/titles/29
• Indiana Judicial Branch — court locations and probate resources: https://www.in.gov/judiciary/find-a-court/
• Indiana Vital Records (death certificates): https://www.in.gov/health/vital-records/

Final note: This article explains general Indiana probate steps for transferring a house when a sibling dies without a will. Probate rules can vary by county and by the facts of an estate. For advice tailored to your situation, consider consulting a licensed Indiana probate attorney.

Disclaimer: This is general information and educational content only. It is not legal advice and does not create an attorney‑client relationship. For legal advice about your specific situation, consult a licensed attorney in Indiana.