Disclaimer: This information is for educational purposes only and does not constitute legal advice.
Detailed Answer
When a decedent owned real property outside Indiana, you typically need ancillary probate in that state. However, if all heirs agree and the jurisdiction permits a simplified transfer, you may avoid full ancillary proceedings. Follow these steps:
- Confirm Ownership and Value
Obtain a certified copy of the death certificate. Review the out-of-state county assessor or recorder’s office records for a property valuation and detailed ownership information. - Check Small Estate or Affidavit Procedures
Research the property state’s small estate laws. Many states allow a small estate affidavit or affidavit of heirship to transfer real property when the estate value is below a statutory threshold. Locate the relevant statute on that state’s official government website. - Gather Supporting Documents
Collect the death certificate and a certified copy of Indiana letters testamentary or letters of administration (Indiana Code §29-1-4). Assemble any heirship documentation, such as a family tree or sworn statements identifying all heirs. - Prepare an Affidavit of Heirship or Small Estate Affidavit
Draft the affidavit using the out-of-state jurisdiction’s form. Include the decedent’s name, date of death, property description, and a list of heirs with their relationships. Have each heir sign in front of a notary. This affidavit removes title defects by documenting each heir’s interest. - Execute a Deed
Prepare a quitclaim deed (or executor’s deed) transferring the decedent’s interest to the heirs or a designated recipient. Verify that the legal description matches the county’s records. - Notarize and Record
Have all heirs or the personal representative sign the deed before a notary. File the signed deed and any required affidavit with the county recorder or land registry office where the property is located. - File Tax and Transfer Documents
Check for county transfer tax returns, mortgage recording tax filings, or local fees. Submit any required forms and pay associated costs.
If the property’s value exceeds the out-of-state small estate threshold or the jurisdiction does not allow affidavits for real property, you must open ancillary probate there. Typically you will file a petition, submit a copy of the will (if any), Indiana letters, and the death certificate to obtain ancillary letters. For Indiana ancillary probate in other contexts, see Indiana Code §29-1-7.
Helpful Hints
- Verify the out-of-state small estate threshold before relying on an affidavit.
- Use certified copies of Indiana letters—not uncertified photocopies.
- Ensure the affidavit of heirship contains the complete legal description of the property.
- Check for county-specific requirements, such as additional forms or recording fees.
- Consider obtaining a title insurance endorsement to ensure clear title post-transfer.
- If complications arise, consult an attorney licensed in the property’s jurisdiction.