Detailed Answer
Indiana law requires heirs of a decedent’s estate to sign specific court forms to authorize distribution of proceeds from a real property sale.
1. Waiver of Notice and Consent to Sale of Real Estate
Under IC 29-1-16.5-3, the personal representative petitions the court to sell real estate. If all heirs sign a written waiver of notice and consent to the sale—often Indiana Probate Form No. 7—the court may approve the sale without a formal hearing. This form confirms the heir:
- Waives the right to notice of the sale hearing
- Consents to the sale on the terms outlined in the petition
2. Receipt and Release of Proceeds
After closing, the clerk holds the sale proceeds in the estate registry. Under IC 29-1-18-8, the clerk may distribute proceeds early if each heir signs a Receipt and Release—commonly Form No. 11. By signing, an heir acknowledges receiving their share and releases the personal representative and court from further claims regarding those funds.
Helpful Hints
- Confirm which probate forms your county court uses; form numbers can vary slightly.
- Review the decedent’s will or intestacy schedule to calculate your exact share.
- Check for any outstanding liens or taxes before distribution.
- Keep a copy of all signed forms for your records.
- Consult an attorney if any heir objects to the sale or distribution.