{"id":175,"date":"2016-07-11T17:22:02","date_gmt":"2016-07-11T17:22:02","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=175"},"modified":"2024-04-25T23:21:10","modified_gmt":"2024-04-26T03:21:10","slug":"understanding-personal-representative-deeds-during-probate-in-indiana","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/understanding-personal-representative-deeds-during-probate-in-indiana\/","title":{"rendered":"Understanding Personal Representative Deeds During Probate in Indiana"},"content":{"rendered":"\n

When we die, another person becomes responsible for\nmanaging the assets we leave behind. If we die testate (with a will), this\nperson is called an executor. If we die intestate (without a will), or other\nspecific situations occur, the court supervising the probate estate appoints an\nadministrator. Once the executor or administrator is in place, Indiana laws do\nnot distinguish between the terms, and simply identify this individual as a \u201cpersonal\nrepresentative.\u201d See IC 29-1-1-3(23) for the list of titles included under this\nname.<\/p>\n\n\n\n\n\n\n\n

The judge supervising the case authorizes the\npersonal representative (PR) by issuing letters testamentary or letters of\nadministration, as appropriate. Note that the PR must apply for the letters\nwithin five months of the decedent\u2019s death (IC 29-1-7-15.1(b)). Once the\nletters are in place, the PR gains access to the probate estate, defined as\n\u201cproperty transferred at the death of a decedent under the decedent\u2019s will or\nunder IC 29-1-2, in the case of a decedent dying intestate\u201d IC 29-1-1-3(24). <\/p>\n\n\n\n

One common task handled by the PR is transferring\ntitle to the decedent\u2019s real estate. Indiana\u2019s statutes contain two forms for\nthis purpose: one relates to property distributed to a devisee or heir (IC\n29-1-7.5-3.4), and the other relates to sales (IC 29-1-7.5-3.6). In addition to\nthe statutory requirements identifying the decedent and describing relevant facts\nof the probate case, personal representative\u2019s deeds must meet all state and\nlocal standards for format and content. <\/p>\n\n\n\n

The PR might need to provide additional supporting\ndocumentation when recording a personal representative\u2019s deed, including a\ncertified copy of the authorizing letter, death certificate, will, etc. Also,\ndepending on the circumstances, the transfer might require approval from the court\nor others with an interest in the estate or the property.  Contact the probate attorney or court officer\nsupervising the case with questions about any extra requirements.<\/p>\n\n\n\n

Note that personal representative\u2019s 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.<\/p>\n\n\n\n

Available Indiana Probate Documents:<\/p>\n\n\n\n