Selling inherited land in Indiana

Indiana's small estate rules

In Indiana, the simplified small estate process can be used for real estate in some cases.

The threshold: Gross probate estate (less liens, encumbrances, funeral expenses) not over $100,000 for deaths after June 30, 2022. Affidavit allowed 45 days after death (personal property).

Affidavit under 29-1-8-1 is personal property only. For real property, an appointed fiduciary of an unsupervised estate can distribute under 29-1-8-3 without creditor notice. This applies when the gross probate estate does not exceed $100,000 plus administration costs and funeral expenses. In that case, the fiduciary can also record an affidavit/statement naming the persons entitled.

Law: IC 29-1-8-1, IC 29-1-8-3. Confirm current figures with the probate court.

Steps to sell inherited land in Indiana

• Find the will, if there is one, and the deed or tax bill showing the parcel.
• Ask the probate court or an attorney which path applies: full probate, a small estate process, or another filing.
• Get written proof of who can sign, such as letters from the court. The title company will ask for it.
• If several heirs inherited the land, agree on the sale and the split in writing. See selling land owned by several heirs.
• Ask for a cash offer and compare it with a listing. Taxes and loans are paid from the sale at closing.

Taxes when you sell

Inherited land usually gets a stepped-up basis: its value on the date of death. If you sell close to that value, the taxable gain may be small. Our capital gains guide explains it. Ask a CPA about your numbers.

Indiana land at a glance

• Average farm real estate value: $9,150 per acre (2026, USDA).
• Average property tax on farmland: about $24.83 per acre per year (2022 Census of Agriculture).
• Transfer tax: Indiana has no state deed or transfer tax. Recording fees apply, plus a $20 sales disclosure form fee filed with the county auditor.
• Seller disclosure: IC 32-21-5 applies only to sales of residential real estate containing not more than four dwelling units, so a vacant lot is outside it. A seller of classified forest or wildlands must disclose in writing that it is enrolled, plus any potential violations, tax liabilities and penalties.

These are statewide averages, not an appraisal. See selling land in Indiana for county values, or try the land value estimator.

How a cash sale handles this

Liberty Acres is a family-owned cash land buyer. We buy land anywhere in the US, in any condition, including land with back taxes, inherited land and land with no road access. We pay back taxes and all closing costs, use no agents and charge no commissions, and close through a title company, escrow company or real estate attorney who pays you by wire or check.

Common questions