Probate vs. non-probate — what actually needs the court
Published September 15, 2026
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Probate versus non-probate. Hi, my name is Jeremy Barzycki. I'm a real estate professional who focuses on clients who have recently inherited homes or who need to go through the probate process. I am not a real estate attorney, so this is not legal advice, more just a little information for you.
Let's start with what probate is. Probate is the legal term for transferring assets from a decedent's name over to a surviving spouse or surviving heirs.
So what needs to go through probate, and what doesn't? Some things that don't need to go through probate are homes that already have joint tenancy with right of survivorship in place, or retirement accounts — because when those are set up, the paperwork already states that if something happens to the owner, that money or asset transfers over to a surviving spouse or a specific heir. Another way to avoid probate is having all your assets in a trust. If you have a trust in place along with a will, and something happens, those assets are automatically dispersed among the heirs already named.
Now, if there are assets held in a decedent's name with no backup plan — no right of survivorship attached — then that has to go through the probate process, because nobody knows where it's supposed to go, and the surviving heirs are probably going to end up fighting over it. Taking it to the probate court is the legal process of getting those assets distributed accordingly.
If you have questions about this, and you want to talk specifically about your situation, give me a call. We can go over what you're going through, and I can help point you in the right direction.
Whether a house or other asset needs to go through probate in Indiana comes down to one question: was it titled in the deceased person’s name alone, with no plan in place for what happens next? If so, it’s a probate asset, and the personal representative needs court-granted authority before it can be sold or transferred.
What skips probate entirely
Plenty of property skips probate entirely, though. Anything with a named beneficiary or a surviving co-owner — payable-on-death and transfer-on-death accounts, life insurance, retirement accounts, property held in joint tenancy with right of survivorship — passes directly to that person, no court involvement required.
Indiana also allows homeowners to record a Transfer on Death Deed while they’re alive, naming who should receive the house directly at death. If one was recorded, that home bypasses probate too, regardless of what a will says.
The question that actually matters
The practical takeaway for families: the first question worth asking isn’t “does this need probate,” but “how was this specific asset titled.” The answer is different for every account and every deed.
If it turns out a house does need to go through probate before it can be sold, the probate process guide walks through what that generally looks like.