Short answerFirst confirm who has legal authority to sell. That may be a personal representative appointed by the court, the beneficiary of a transfer on death deed, or the heirs through an affidavit process. Indiana's $100,000 small estate affidavit cannot transfer real estate by itself. A probate attorney and title company should confirm the path before you list.
Common paths
| How the home passes | Who signs to sell |
|---|---|
| Transfer on death deed | The named beneficiary, after recording proof of death |
| Joint ownership with survivorship | The surviving owner |
| Through a will or estate | The personal representative, under court authority |
| Living trust | The successor trustee |
Practical steps
- Secure and insure the house; tell the insurer it is vacant.
- Keep utilities on so pipes do not freeze.
- Have a probate attorney confirm authority and the title company confirm what it needs.
- Decide whether to sell as is or make repairs; older homes often need a condition review.
Taxes
Inherited property generally gets a basis equal to its value at the date of death, which can reduce taxable gain. Ask a CPA.
This is general information, not legal or tax advice. Ask a real estate attorney or CPA about your situation.
Frequently asked questions
Can I list an inherited house before probate is done?
Sometimes, if the personal representative has authority. The title company must be able to insure the sale.
Do all heirs have to agree?
It depends on how title passes and the court's orders. Ask a probate attorney.
Keep reading
Want to know what a buyer's inspector may find before they do?
Book a free pre listing condition walk. I walk the house with you, point out what inspectors and FHA, VA, and USDA appraisers tend to flag, and give you planning ranges so you can decide what to fix, credit, price in, or disclose.
Book a condition walkOr call or text (812) 525-5489, or email [email protected].
The condition walk is a REALTOR® and contractor evaluation, not a home inspection, and it does not replace one. If you have already signed a listing agreement with another agent, please take these questions to your agent.
Sources
- Indiana Code 29-1-8, small estates
- Indiana Code 32-17-14, transfer on death property act
- IRS Publication 551, Basis of Assets
Written by John Long, REALTOR®, 1 Percent Lists Indiana Real Estate. Working contractor who has priced hundreds of home inspection repair requests. Former labor relations negotiator for a major manufacturer and U.S. Coast Guard veteran.
John Long, REALTOR® · 1 Percent Lists Indiana Real Estate · (812) 525-5489 · yourpropertynegotiator.com
This page is general information, not a substitute for a professional home inspection, and not legal, tax, insurance, or lending advice. Ask a real estate attorney about contracts and disclosure, a CPA about taxes, your lender about loan rules, and a licensed inspector or tradesperson about your house. Nothing here guarantees a sale price, net proceeds, repair cost, payment, timeline, appraisal, inspection result, or loan approval. Cost figures are planning estimates, not bids. I own Wardmark Property Operations LLC, a contracting company. You are always free to use any contractor you choose.