Indiana gift deed
Here is what Indiana actually requires on a gift deed. The witness rules, the notary block, the margins, the forms that have to travel with it, and where to record it, plus what the deed does and does not do.
- Recording office
- County Recorder
- Witnesses
- Notary only
- Transfer tax
- None
- First-page margin
- 3″ top
- Recording fee
- ~$25 first page
- E-recording
- Generally available
What a gift deed does in Indiana
A gift deed transfers property with no money changing hands, and it says so on its face. Stating the donative intent matters: it supports a transfer-tax exemption in most states and it documents that the recipient paid nothing, which is exactly what a recorder, an assessor, and later the IRS will want to see. Mechanically it operates like a quitclaim. Immediate, and without title warranties.
A gift deed operates like a quitclaim deed but recites donative intent, which supports a transfer-tax exemption.
Less common in Indiana
Gift deeds are valid here but used less often than in other states. Read the limitations below carefully before choosing one.
When Indiana homeowners use a gift deed
- Give a house or land to a child or grandchild
- Transfer property to a sibling or parent for no payment
- Document donative intent for a transfer-tax exemption
- Make a charitable gift of real estate
What Indiana requires on the deed
These are the execution and formatting rules county recorders enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.
| Requirement | What Indiana says |
|---|---|
| Recording office | County Recorder |
| Notarization | Required. Every signature must be made in the notary's presence. |
| Witnesses | None required. A notarial acknowledgment is enough. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Must appear on the face of the deed. |
| Return address | A 'when recorded, return to' block is required. |
| Preparer statement | Required. The deed must name who drafted it. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 3-inch top margin on the first page, 1-inch elsewhere, 10pt minimum type. |
| Accompanying form | Sales Disclosure Form (Form 46021) for most conveyances |
How to complete and record it in Indiana
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the County Recorder can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedDeedly builds it with Indiana's statutory language, the correct notary block, and the 3-inch first-page margin county recorders expect.
- Sign in front of a notaryBring photo ID. Do not sign in advance. The signature has to be made in the notary's presence.
- Complete Sales Disclosure Form (Form 46021) for most conveyancesIndiana requires this alongside the deed, including for exempt transfers. Your filing packet explains which boxes apply to your situation.
- Record it with the County RecorderFile in the county where the property is located and pay the recording fee. Most offices in this state also accept e-recording, which is usually same-day. Keep the stamped receipt. It fixes your priority date.
- Update insurance and tax recordsA change of ownership can affect your homeowner's policy, your homestead or senior exemption, and in some states the assessed value. Do this within a few weeks.
What it costs in Indiana
| Cost | Typical amount |
|---|---|
| Recording fee | About $25 for the first page |
| Transfer tax | None in this state |
| Notary | Typically $5–$25 per signature; often free at your bank |
| Deedly | $39, one time |
| Attorney (for comparison) | $300–$1,200 for the same statutory document |
Indiana imposes no state real estate transfer tax, so the recording fee is normally your only cost beyond notarization.
Where to record it in Indiana
Indiana deeds are recorded with the County Recorder in the county where the property sits, not where you live. There are 92 counties in Indiana.
Most Indiana recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN, which is usually same-day. Check your county's website for the list it works with.
Recording offices we cover in Indiana: Marion, Lake, Allen, Hamilton, St. Joseph, Elkhart, Tippecanoe, Vanderburgh, Hendricks, Porter. See all Indiana recording offices.
What a gift deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- The recipient takes your original cost basis, not the current market value. A later sale can produce a large capital-gains bill that inheriting the property would have avoided.
- A gift over the annual exclusion requires you to file IRS Form 709, even if no tax is due.
- It is irrevocable once delivered and recorded. You can't take the property back if the relationship changes.
- Gifting a property within Medicaid's look-back period can create a penalty period for long-term-care eligibility.
Quirks of Indiana law that catch people out
- Indiana deeds must state who prepared the document and include an affirmation that the preparer took reasonable care to redact Social Security numbers (Ind. Code § 36-2-11-15).
- A Sales Disclosure Form must be stamped by the county auditor before the recorder will take the deed. This is a two-office trip in most counties.
- Indiana has no real estate transfer tax.
- A deed to a married couple is presumed to create a tenancy by the entirety unless it says otherwise.
How to hold title in Indiana
When two or more people take title in Indiana and the deed says nothing more, the law presumes a tenancy in common, which means no automatic survivorship. If you want the survivor to take the whole property, the words have to be on the deed. Forms of co-ownership available in Indiana: tenancy by the entirety (married couples only), joint tenancy with right of survivorship, and tenancy in common.
Married couples
A conveyance to a married couple in Indiana is presumed to create a tenancy by the entirety (Ind. Code § 32-17-3-1).
$39, one time. Your finished deed appears in full before you pay, with Indiana's witness rules, margins, and recording instructions already applied.
Common questions
No. Indiana has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization, and recording with the County Recorder. Deedly produces all of that for $39, versus roughly $300–$1,200 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect around $25 for the first page. Indiana has no state real estate transfer tax, so the recording fee is normally the whole cost. Typical figure. Counties set their own fees. Confirm with your recorder before mailing.
No. Indiana requires only that the grantor's signature be acknowledged before a notary public. Forms that show witness lines are usually generic templates borrowed from another state.
With the County Recorder in the county where the property is located, not where you live, and not where the buyer lives. Indiana has 92 counties. Most offices also accept e-recording through a submitting service.
No, and this is the single most common misunderstanding about deeds. A deed changes who owns the property. The mortgage is a separate contract with the lender, and only a refinance or a written release from the lender removes a borrower. Someone can be off the deed and still fully liable on the loan.
Keep reading
- Indiana quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- Indiana general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- Indiana special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- Indiana transfer-on-death deedNames who inherits your property, skips probate, and changes nothing while you're alive.
- All deed rules for IndianaRecording offices, transfer tax, witness rules, and fees.
- Indiana recording officesWhere to file in each county.
Deedly is not a law firm
We provide self-help software and state-specific statutory forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.