When we die, another person becomes responsible for managing the assets we leave behind. If we die testate (with a will), this person is called an executor. If we die intestate (without a will), or other specific situations occur, the court supervising the probate estate appoints an administrator. Once the executor or administrator is in place, Indiana laws do not distinguish between the terms, and simply identify this individual as a “personal representative.” See IC 29-1-1-3(23) for the list of titles included under this name.
The judge supervising the case authorizes the personal representative (PR) by issuing letters testamentary or letters of administration, as appropriate. Note that the PR must apply for the letters within five months of the decedent’s death (IC 29-1-7-15.1(b)). Once the letters are in place, the PR gains access to the probate estate, defined as “property transferred at the death of a decedent under the decedent’s will or under IC 29-1-2, in the case of a decedent dying intestate” IC 29-1-1-3(24).
One common task handled by the PR is transferring title to the decedent’s real estate. Indiana’s statutes contain two forms for this purpose: one relates to property distributed to a devisee or heir (IC 29-1-7.5-3.4), and the other relates to sales (IC 29-1-7.5-3.6). In addition to the statutory requirements identifying the decedent and describing relevant facts of the probate case, personal representative’s deeds must meet all state and local standards for format and content.
The PR might need to provide additional supporting documentation when recording a personal representative’s deed, including a certified copy of the authorizing letter, death certificate, will, etc. Also, depending on the circumstances, the transfer might require approval from the court or others with an interest in the estate or the property. Contact the probate attorney or court officer supervising the case with questions about any extra requirements.
Note that personal representative’s deeds to not include warranties of title, so it makes sense for distributees or potential purchasers to consider a title search for the property. If not, they might have trouble securing title insurance for the current transfer, as well as adding potential complications for future transactions.
Available Indiana Probate Documents:
- Indiana Personal Representative Deed for Distribution Form
- Indiana Personal Representative Deed for Sale Form
Navigating the complexities of a probate estate can be a daunting process. Taking the time to ensure a valid transfer during active probate is much easier than untangling problems later on, so please contact an attorney or probate court officer with specific questions or for complex situations.