Lady Bird Deeds in Indiana
Short answer: no. Indiana does not recognize lady bird deeds, and recording one may not do what you're hoping. Here is what works here instead.
Indiana does not recognize lady bird deeds
Indiana has no statute and no settled practice recognizing them, so what one would do here is uncertain, and title companies may not rely on it. Deedly does not prepare one for Indiana; the alternatives below are the reliable routes.
Why Indiana does not have them
Lady Bird deeds, enhanced life estate deeds, are recognized in 6 states: Florida, Michigan, Rhode Island, Texas, Vermont, and West Virginia. Maryland's courts also recognize a similar instrument, the life estate deed with powers. Missouri's courts also recognize a similar instrument, the life estate deed with powers. Virginia law also recognizes a similar instrument, the life estate deed with powers. Elsewhere there is no statute or settled practice for the combination of a life estate and an unrestricted power to sell, so how a court or title company would treat one is uncertain.
What Indiana homeowners use instead
There are working alternatives in Indiana:
- Indiana transfer-on-death deed. Names who inherits the property, revocable at any time while you're alive.
- Indiana life estate deed. Keeps a life estate for you with the remainder to the people you name. Not revocable.
Other ways to avoid probate in Indiana
- A revocable living trust. The most flexible option. It costs more up front (typically $1,000–$3,000) but it covers everything you own, not just one property.
- Survivorship titling. Indiana recognizes tenancy by the entirety for married couples, which passes the property to the survivor automatically and can protect it from the creditors of only one spouse; how far that protection goes depends on Indiana law.
- Small estate procedures. Indiana's small-estate procedures apply when the probate estate is $100,000 or less, for deaths after June 30, 2022 (Ind. Code §§ 29-1-8-1, 29-1-8-3).
$49, one time. The probate-avoidance deed Indiana does recognize, with the state's witness rules, margins, and recording instructions already applied. You read the finished document before you pay.
Common questions
A county office might physically accept and index the document, but recording is not the same as validity. With no statute or settled practice behind it in Indiana, there is no assurance a court or title company would give it the effect you intended. Use one of the alternatives above instead.
Florida, Michigan, Rhode Island, Texas, Vermont, and West Virginia. Maryland's courts also recognize a similar instrument, the life estate deed with powers. Missouri's courts also recognize a similar instrument, the life estate deed with powers. Virginia law also recognizes a similar instrument, the life estate deed with powers.
For a single property, survivorship titling is the cheapest. It costs one deed and one recording fee. For everything else, a revocable living trust is the standard route: more expensive up front, but it covers your whole estate and stays private. A probate attorney in Indiana can tell you which fits your situation in a single consultation.
Keep reading
- Indiana transfer-on-death deedNames who inherits the property, revocable at any time while you're alive.
- Indiana life estate deedKeeps a life estate for you with the remainder to the people you name. Not revocable.
- All Indiana deed optionsEverything this state does recognize, with requirements and costs.
Deedly is not a law firm
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed 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.