How Indiana probate rules affect selling a decedent’s real estate

Short answer: In most cases you do not complete the statutory “small estate” affidavit process to sell real property. Indiana’s small‑estate procedures generally help heirs collect limited personal property without full probate. To sell a house you usually must open probate (or get a court order/letters appointing a personal representative) and follow the creditor‑notice and court‑approval steps that apply to that form of administration.

Detailed answer — what Indiana law requires and why

Indiana law provides multiple ways to wind up a decedent’s affairs. One route—often called the small‑estate affidavit or small estate procedure—allows certain personal property to be collected and distributed without formal administration. The small‑estate rules are in the Indiana Code, Title 29, Article 1, Chapter 14: IC 29‑1‑14 (Small estates).

Key practical points under Indiana law:

Small‑estate procedures are aimed at collecting and distributing personal property (bank accounts, vehicles, household goods, etc.). They typically do not clear title to real property (a house). If the decedent owned real estate titled in their name alone, the small‑estate affidavit normally will not transfer the deed or permit a marketable title sufficient for a sale.
To sell real property you usually need court authority or an instrument that transfers title (for example, a deed under a probated will, an order authorizing sale signed by the probate court, or letters of administration permitting the personal representative to sell assets). If someone is named executor in a will, that person can probate the will and obtain authority to sell; if no one is named, an interested heir must petition the court to be appointed personal representative.
When probate administration occurs, Indiana requires notice to creditors so creditors can make claims against the estate. The Probate Code sets out the creditor‑notice requirements; see Title 29, Article 1, Chapter 7 of the Indiana Code: IC 29‑1‑7 (Notice and claims). Generally, the court will require publication and/or mailed notice to known creditors and will fix the time frame in which claims must be filed. Creditors typically have a limited period (measured from the first publication or mailing) to present claims against the estate.

Because selling a house affects title and third parties (buyers, mortgagees), title companies and buyers normally require proof of a valid transfer instrument or a court order. That proof is usually achieved through probate or a court‑authorized sale rather than via a small‑estate affidavit.

When a three‑month publication or claims period matters

Many probate administrations require that notice to creditors be published and that creditors be given a statutorily defined window to file claims (commonly three months following first publication under many state provisions). Publication and mailing protect creditors and protect whoever distributes estate assets from personal liability for paying claims later. If you distribute estate assets (including proceeds from a house sale) before required creditor‑notice steps are complete, you may expose yourself to personal liability if a valid creditor claim later appears.

So: if your plan to sell the house depends on a probate administration (formal or summary) the creditor‑notice timeline will apply. If the house can somehow transfer outside probate (for example, joint tenancy with right of survivorship, transfer‑on‑death deed, or beneficiary deed that passes title automatically), then probate creditor notices and the three‑month publication requirement may not be necessary. You must confirm how title presently stands.

Practical steps to take now

Determine how the property is titled. Check the deed at the county recorder’s office. If the deed names the decedent alone, probate is likely needed for sale. If it shows joint tenancy, survivorship, TOD deed, or beneficiary designation, the property may pass outside probate.
Look for a will and the named executor. If a will exists and the executor is willing, probate the will so the executor can obtain letters and authority to sell.
If no will or if an executor is not acting, contact the local probate court to learn the process for appointment of an administrator or for a summary administration that allows sale. The court clerk can describe local requirements and filing fees.
Ask whether a small‑estate affidavit applies to any property you plan to move (it may be useful for bank accounts or personal effects), but do not rely on it to convey title to real estate.
Before selling, get a title search and speak with a title company or real estate attorney. Title companies typically require probate documents or a court order to insure a sale and clear title.

When might you not have to publish a creditor notice for three months?

You may not need the statutory creditor‑publication period if:

The property passed to a survivor automatically (joint tenancy, right of survivorship, or an effective transfer‑on‑death deed).
The estate procedures you use are limited to collecting personal property under the small‑estate rules and the asset you need to collect is not real property.
The court grants a specific short‑cut (for example, an expedited or summary proceeding) and the court’s order sets different notice conditions.

But if you must open regular probate or obtain court authority to sell, expect to satisfy notice‑to‑creditors rules before final distribution or sale unless the court specifically orders otherwise.

How an attorney can help

An attorney can:

Confirm whether the small‑estate statutes apply to the estate’s assets.
Review title, prepare probate petitions, and request the specific creditor‑notice steps or court orders you need to allow sale.
Coordinate with title companies, prepare sale documentation, and reduce your risk of personal liability for later creditor claims.

Because selling real estate after a death involves title, possible mortgage payoff, creditor risk, and court involvement, a probate or real‑estate attorney is often the most efficient way to get a clean sale.

Helpful Hints

Do not rely on a small‑estate affidavit to clear title for a house—small‑estate routes usually cover personal property only. See IC 29‑1‑14: https://iga.in.gov/legislative/laws/2023/ic/titles/29/articles/1/chapters/14.
If probate is required, ask the court clerk how and when you must publish notice to creditors. The probate code provides the governing rules for notice and creditor claims: https://iga.in.gov/legislative/laws/2023/ic/titles/29/articles/1/chapters/7.
Gather key documents now: death certificate, deed, mortgage statements, insurance information, bank statements, and any will.
Get a title search before listing the property. Title companies will tell you what probate or court documents they require to insure a sale.
If time is urgent (e.g., to preserve property condition), speak with a probate attorney about temporary protective steps the court can authorize.
When in doubt, do not distribute proceeds until you or the court confirm creditor‑notice requirements are satisfied—paying out too soon can create personal liability.

Disclaimer: This article explains general Indiana probate concepts and links to relevant Indiana Code chapters. It is not legal advice and does not create an attorney‑client relationship. Specific facts can change the outcome; consult a licensed Indiana probate or real estate attorney or the local probate court for advice tailored to your situation.