Personal Representative Deed Requirements in Indiana

At a glance

Requirements one by one

Identify the administration route first

An Indiana personal representative takes possession of the decedent's real and personal property under § 29-1-13-1, but possession alone does not identify the sale procedure. Under § 29-1-7.5-3, an unsupervised representative may dispose of land at public or private sale, for cash or credit, without a transaction- specific court order. Section 29-1-7.5-2(c) also says that the authority created by the unsupervised- administration order is not subject to court approval or confirmation.

A representative with a will power may likewise follow that power without a court order, or may elect Chapter 15 procedure. Without either route, § 29-1-15-11 uses a petition, hearing, satisfactory proof, and a court order.

The court order controls the sale economics

For a court-authorized sale, the petition must explain why authority is sought and describe the property. Under §§ 29-1-15-13 to -15, the court order selects private sale or public auction. A private sale cannot be below fair market value; a public sale cannot be below two-thirds of fair market value. The inventory value supplies fair market value unless the court orders an appraisal or reappraisal.

The order also sets cash and deferred-payment terms. If the sale occurs more than one year after the order, the realty must have been reappraised under court order within the preceding three months.

Each route has its own deed recital

Sections §§ 29-1-15-17 to -18 provide optional recorded authority evidence and different substantial forms for a court-order deed and a will-power deed. The first deed identifies the court, county, and order date; the second states that the conveyance is made by virtue of the decedent's will. Section §§ 29-1-7.5-3.6 and -4 supply a third recital for an unsupervised conveyance, including the estate cause number and county.

Indiana's current supervised-sale statute no longer states a universal post- sale report-and-confirmation step. It instead requires the authority order before conveyance. An unsupervised estate has a different back-end requirement: its closing statement must say that a personal representative's deed for the decedent's real estate was executed and recorded.

What trips people up

The timing rule in § 29-1-7-15.1(b) can defeat a debt-driven sale even when a sale route otherwise exists. To sell Indiana realty for an unsecured decedent debt or administration costs, the administration petition must be filed within five months after death and letters must issue within seven months.

The notices are also route-specific. A Chapter 15 petition has a hearing notice to heirs or devisees and affected lienholders unless waived, followed by any separate sale notice the court directs. Unsupervised administration has a mandatory notice telling distributees that the representative may act without first consulting them, but Chapter 7.5 does not add a transaction-specific sale approval notice.

Common questions

May an unsupervised representative choose a private sale?

Yes. Section 29-1-7.5-3 expressly permits disposal of land at public or private sale and for cash or credit, without court order.

Does every will-power deed need certified letters recorded with it?

No. § 29-1-15-17 says certified copies of the will and letters may be recorded with the deed. When recorded, they are prima facie evidence of the representative's appointment, qualification, and authority.

Does a good-faith purchase cure every defect?

No. §§ 29-1-15-19 to -20 condition protection on the applicable route: a jurisdictionally authorized and properly noticed court sale, substantial conformity with the will power, or substantial conformity with Chapter 7.5. The statute does not convert that protection into a guarantee against every title defect or existing lien.

Where is the deed recorded?

With the county recorder for the county where the land is located. Recording also determines priority against a later good-faith purchaser, lessee, or mortgagee for value under § 32-21-4-1.

Statutes and sources

• Ind. Code §§ 29-1-13-1 and -6 — representative possession and special realty interests: Indiana General Assembly (accessed 2026-08-12).
• Ind. Code § 29-1-7-15.1(b) — five-month petition and seven-month letters clocks for specified debt and cost sales: Indiana General Assembly (accessed 2026-08-12).
• Ind. Code §§ 29-1-7.5-1.5 to -4 — unsupervised authority, notice, deed form, and closing: Indiana General Assembly (accessed 2026-08-12).
• Ind. Code §§ 29-1-15-2, -3, -11, and -13 to -20 — will power, court sale, notice, economics, deed forms, and purchaser protection: Indiana General Assembly (accessed 2026-08-12).
• Ind. Code § 32-21-4-1 — county recording and priority: Indiana General Assembly (accessed 2026-08-12).