Guidance on notice under IC 6-1.1-25-4 for deceased owner in Indiana tax sale.

Question

I've purchased a certificate at a tax sale in Indiana, and my title search revealed that the property owner is deceased. I need guidance on how to proceed with giving notice under IC 6-1.1-25-4, especially when no information about the estate or potential heirs was found in the title search. I'm looking for other avenues to locate possible heirs or individuals with interest in the property.

Anthony M. Avery · Answer

You will need an IN attorney to file a quiet title action and to extinguish redemption rights.   Service on heirs should be by a publication order.

James L. Arrasmith · Answer

Navigating the process of notifying interested parties when the property owner is deceased can be challenging, especially when heirs are difficult to locate. Here's how you can proceed: 
 
**1. Conduct a Thorough Search for Heirs** 
 
Begin by expanding your search for potential heirs beyond the immediate family. Check public records, such as probate filings, marriage certificates, and property records, which might provide leads on surviving relatives. Utilize online genealogy tools and social media platforms to trace family connections. If these efforts don't yield results, consider hiring a professional genealogist or a title company experienced in locating heirs. 
 
**2. Initiate a Quiet Title Action** 
 
If you're unable to identify or locate the heirs after a diligent search, you may need to file a quiet title action. This legal process allows you to establish clear ownership of the property. An attorney can assist you in filing this action, which includes notifying any potential claimants by publication. This step is crucial to extinguish any possible claims and proceed with your interests in the property 
 
**3. Provide Notice by Publication** 
 
Under Indiana Code § 6-1.1-25-4.5, if the addresses of potential interested parties are unknown and cannot be reasonably ascertained, you are permitted to provide notice by publication. This involves publishing a notice in a local newspaper once a week for three consecutive weeks. The notice should detail the tax sale, the redemption period, and inform readers of the potential for a tax deed if the property isn't redeemed 
 
**4. Consult with Legal Professionals** 
 
Given the complexities involved, it's advisable to consult with an attorney who specializes in real estate and tax lien foreclosures in Indiana. They can guide you through the legal requirements, ensure compliance with state laws, and assist in any necessary court proceedings. 
 
By following these steps, you can fulfill your obligations under IC 6-1.1-25-4 and protect your interests in the property.

Q: Guidance on notice under IC 6-1.1-25-4 for deceased owner in Indiana tax sale.