Sell an Inherited House in Indiana — Probate and Non-Probate Options
Inheriting a house in Indiana comes with important legal questions — chief among them: does the property need to go through probate before it can be sold? The answer depends on how the property was titled. Bartolini Cash Buyers works with Indiana heirs and estate attorneys to navigate both probate and non-probate sales quickly.
When Indiana Probate Is Required to Sell an Inherited House
Indiana probate (IC 29-1) is required when a deceased person owned real property in their name alone — without a co-owner with right of survivorship, a trust, or a transfer-on-death deed. If probate is required, the estate executor or administrator must be appointed before the property can be sold. Indiana's probate process typically takes 6–12 months, though a simplified small estate process (IC 29-1-8) is available for estates under $50,000.
How to Sell an Inherited House Without Probate in Indiana
Indiana law provides several ways to transfer real property without probate: joint tenancy with right of survivorship (the surviving owner inherits automatically), a revocable living trust (property transfers to beneficiaries without probate), a transfer-on-death deed (IC 32-17-14, effective for deeds recorded after July 1, 2009), and small estate affidavit (IC 29-1-8, for estates under $50,000 with no real property). If the property qualifies for one of these non-probate transfers, it can be sold quickly without going through the probate process.
Transfer-on-Death Deeds in Indiana
Indiana's transfer-on-death deed law (IC 32-17-14) allows property owners to designate a beneficiary who inherits the property automatically upon the owner's death — without probate. The beneficiary can sell the property immediately after recording an affidavit of survivorship with the county recorder. Bartolini Cash Buyers purchases properties transferred by TOD deed throughout Indiana.
Selling During Indiana Probate
If probate is required, the estate executor or administrator can sell the property during the probate process. Indiana courts may require court approval for the sale depending on the terms of the will and the circumstances of the estate. Bartolini Cash Buyers works within the probate timeline — we can make a cash offer immediately and close as quickly as the legal process allows.
Step-Up in Basis — Tax Benefits of Selling an Inherited House
Federal tax law (IRC Section 1014) provides a step-up in basis for inherited property — the heir's cost basis is the fair market value at the date of death, not the original purchase price. This means heirs who sell shortly after inheriting often owe little or no capital gains tax. Consult with a tax advisor before selling to understand your specific tax situation.
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