How to sell a house in Probate in St. Joseph County

Inheriting a home can be a gift, but the legal process that follows—especially in St. Joseph County, Indiana—can feel like a second full-time job. If you’ve found yourself tasked with selling a house in probate, you aren't just dealing with a real estate transaction; you're navigating a specific legal framework governed by the 60th Judicial Circuit.

Here is a step-by-step guide to navigating a probate sale in St. Joseph County, from the courthouse in downtown South Bend to the closing table.

1. Determine Your Authority: Supervised vs. Unsupervised

In Indiana, the "flavor" of your probate process dictates how much freedom you have to sell the home.

• Unsupervised Administration: If the estate is solvent (assets exceed debts) and all heirs agree, the court may allow unsupervised administration. In this case, you (the Personal Representative) can generally sell the real estate without seeking the judge's permission for every step.

• Supervised Administration: If there are disputes among heirs, no will, or the estate is complex, the court will closely monitor the sale. You will likely need a court order to list the property and another to finalize the sale.

2. Get Your "Letters"

Before you sign a listing agreement, you need legal standing. The St. Joseph Probate Court must officially appoint you and issue Letters Testamentary (if there is a will) or Letters of Administration (if there isn’t).

Note: In St. Joseph County, local rules generally require a personal representative to be represented by an attorney. This isn't just a suggestion; the court often will not allow you to proceed "pro se" (on your own) because of the complexities of estate law.

3. The Appraisal is Mandatory

According to Local Rule LR71-PROO-605, if the sale isn't specifically authorized by a will, you cannot sell the property without a written appraisal.

• The appraisal must be prepared by a "competent" appraiser.

• It must be filed with your Petition to Sell (in supervised estates).

• The property typically must sell for at least 75% of its appraised value to be approved by the court.

4. Prepare and List the Property

Once you have your Letters and an appraisal, it’s time to hit the market.

• Disclosures: While traditional sellers have certain disclosure requirements, a Personal Representative who hasn't lived in the home may have different requirements. However, you must still disclose any "known" material defects.

• Maintenance: The estate is responsible for the upkeep (lawn, heat, taxes) until the deed transfers. St. Joseph County property taxes are paid in arrears, so be prepared for these prorations at closing.

5. The "Petition to Sell" and the Final Order

In a supervised estate, once you accept an offer, your attorney will file a report of the sale with the court. The judge will review the terms to ensure they are fair to the heirs and creditors. Once the judge signs the Order Approving Sale, you are cleared to close.

In an unsupervised estate, you can typically proceed to closing once the title company verifies your Letters and the death certificate.

6. Closing and Distributing Proceeds

At the closing table, you will sign a Personal Representative’s Deed. Crucially, the proceeds from the sale do not go directly to the heirs—they go into the Estate Bank Account. These funds must be used to pay off:

1. Outstanding mortgages or liens.

2. Funeral expenses and administrative costs.

3. Valid creditor claims filed within the probate window.

4. Finally, the remaining balance is distributed to the beneficiaries.

Key Resources in St. Joseph County:

• St. Joseph Probate Court: Located at 101 S. Main St., South Bend, IN.

• County Recorder’s Office: Where the final deed and any necessary affidavits will be recorded.