Elkhart County Personal Representative Deed for Distribution Form (Indiana)

The following Indiana and Elkhart County supplemental forms are included as a courtesy with your order:

When using these Personal Representative Deed for Distribution forms, the subject real estate must be physically located in Elkhart County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Elkhart County include:

• Bristol
• Elkhart
• Goshen
• Middlebury
• Millersburg
• Nappanee
• New Paris
• Wakarusa

Use this form for authorized personal representatives to transfer a decedent's real estate to a devisee or heir as directed by the deceased property owner's will, or according to Indiana's laws of descent and distribution.

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 identify this individual as a "personal representative." See IC 29-1-1-3(23) for the list of titles included under this role.

The judge supervising the case confirms 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 ownership of the decedent's real property. Indiana's statutes contain a form related to property distributed to a devisee or heir (IC 29-1-7.5-3.4). In addition to the statutory requirement to provide relevant facts of the probate case, personal representative's deeds must meet all state and local standards for format and content.

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. This can reveal defects in the chain of title (ownership history), and may prevent potential issues in future transactions.

Depending on the circumstances, the PR might need to provide additional supporting documentation including a certified copy of the authorizing letter, death certificate, will, etc. Also, the transfer might require approval from the court or others with an interest in the estate or the property.

Navigating the complexities of a probate case can be overwhelming, but taking the time to ensure a valid transfer during active probate is much easier than untangling problems later on. Please contact an attorney or probate court officer with specific questions or for complex situations.

(Indiana Personal Representative Deed Package includes form, guidelines, and completed example)

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The documents you receive here will meet, or exceed, the Elkhart County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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