Indiana life estate deed
A life estate deed passes your Indiana property to the people you name without probate, while you keep the right to live in it for life. Unlike a transfer-on-death deed, it cannot be undone once it is signed and delivered. Here is exactly what Indiana requires, what it costs, and where to file it.
- Recording office
- County Recorder
- Witnesses
- Notary only
- Transfer tax
- None
- First-page margin
- 3″ top
- Recording fee
- ~$25 per document
- E-recording
- Approved submitters
What a life estate deed does in Indiana
A traditional life estate deed splits ownership across time. You, the life tenant, keep the right to live in and use the property for the rest of your life. The remaindermen you name own everything after that, and their interest vests the moment the deed is delivered; recording protects it against later buyers and creditors. Because their interest is real and present, you can't sell, refinance, or undo the deed without their signatures. That permanence is the whole difference between this and a lady bird deed.
The Indiana law behind this deed
Indiana has no section written specifically for life estate deeds. The instrument runs on the general conveyancing and recording statutes below, which is why the requirements here look like those for any other deed in the state.
| What it governs | Citation |
|---|---|
| Conveyances generally | Ind. Code § 32-21-1-13 |
| Recording with the County Recorder | Ind. Code § 32-21-4-1 |
Less common in Indiana
Life estate 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 life estate deed
- Pass a home to children while reserving the right to live there for life
- Start the Medicaid look-back clock on a transfer (state rules vary)
- Avoid probate on the property with a simple, long-established instrument
- Provide for a surviving spouse or partner with the remainder going to your own children
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. Each signer must appear before the notary and acknowledge the signature. Signing in front of the notary is the safest practice. |
| 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 be stated at the end of the deed, with the mailing address for property tax statements. The grantee's address must be a street or rural route address, not a P.O. box (Ind. Code § 32-21-2-3(e)). Deedly prints both. |
| Return address | Include a 'when recorded, return to' block so the original comes back to you. Deedly always prints one. |
| Preparer statement | Required at the end of the deed ("This instrument was prepared by ..."), followed by the signed Social Security redaction affirmation (Ind. Code § 36-2-11-15). |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 3-inch clear space at the top of page one, 1-inch margins elsewhere, nothing under 10pt. This is the profile Deedly applies. |
| Accompanying form | None for a gift. A sales disclosure form is needed only when the property is transferred for valuable consideration (Ind. Code § 6-1.1-5.5-1). |
| County auditor's endorsement | Required before recording, on every deed. The county auditor (in Marion County, the Assessor) endorses the deed for taxation, for $10 per deed or parcel (Ind. Code §§ 36-2-11-14, 36-2-9-18(e)). |
| Timing | Takes effect when signed and delivered. Record it promptly: an unrecorded deed does not protect the people you named against a later buyer, lender, or creditor. |
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 the wording, notary certificate, and 3-inch first-page margin used for Indiana deeds.
- Sign in front of a notaryBring photo ID. Wait to sign until you are in front of the notary: you have to appear before the notary anyway, and signing there leaves no question about who signed.
- Have the county auditor endorse itBefore the recorder will accept it, the county auditor (in Marion County, the Assessor) must endorse the deed for taxation, for a $10 fee per deed or parcel (Ind. Code §§ 36-2-11-14, 36-2-9-18(e)). A gift needs no sales disclosure form.
- Record it with the County RecorderFile in the county where the property is located and pay the recording fee. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies. Keep the stamped receipt. It fixes your priority date.
- Tell the people you named where it isAt your death they record a certified death certificate, and in some states an affidavit, to show that your life estate has ended. Ask your insurer whether they should be added to the policy now.
What it costs in Indiana
| Cost | Typical amount |
|---|---|
| Recording fee | About $25 per document |
| Transfer tax | None in this state |
| County auditor's endorsement | $10 per deed or parcel (Ind. Code § 36-2-9-18(e)) |
| Notary | Indiana caps notary fees at $10 per signature for an acknowledgment or oath (Ind. Code § 33-42-14-1) and $25 for a remote notarial act (§ 33-42-17-9), plus a reasonable travel fee (§ 33-42-14-1(e)). |
| Deedly | $49, one time (launch price, regular $69) |
| Attorney (for comparison) | $150–$700 for the same statutory document |
Indiana has no transfer tax. Expect the recording fee plus the county auditor's $10 endorsement fee per deed or parcel (Ind. Code § 36-2-9-18(e)). On a sale, add the $20 sales disclosure fee (§ 6-1.1-5.5-4). Pay each office separately.
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.
Many Indiana recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN. E-recording is generally open only to approved submitters such as title companies, attorneys, and lenders, so if you prepared the deed yourself, plan to record in person or by mail. Some offices accept filings from the public through those vendors; your county's website will say.
Recording offices we cover in Indiana: Marion, Lake, Allen, Hamilton, St. Joseph, Elkhart, Tippecanoe, Vanderburgh, Hendricks, Porter. See all Indiana recording offices.
What a life estate deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- It is not revocable. Once recorded, you can't sell or mortgage the property without every remainderman signing.
- A remainderman's divorce, bankruptcy, or judgment creditor can attach their interest in your home while you're still living in it.
- Because you keep the right to live there for life, the full value is still counted in your estate for federal tax purposes (26 U.S.C. § 2036). That generally gives the remaindermen a stepped-up basis at your death, but it also means the deed does not shrink a taxable estate.
- It is usually treated as a divestment for Medicaid purposes. Get advice before using it for that purpose.
Quirks of Indiana law that catch people out
- Every Indiana deed must end with the statement "This instrument was prepared by" and the preparer's name, followed by the preparer's affirmation, under the penalties for perjury, that Social Security numbers were redacted (Ind. Code § 36-2-11-15). Deedly prints both at the end of the document, with a line for the preparer to sign.
- Every Indiana deed must also state the mailing address for property tax statements and the grantee's mailing address, which must be a street or rural route address, not a P.O. box (Ind. Code § 32-21-2-3(e)).
- Before the recorder will accept it, the deed itself must be endorsed by the county auditor ("duly entered for taxation" or "not taxable"). This applies to every deed, including gift and transfer on death deeds and TOD revocations (Ind. Code §§ 36-2-11-14, 32-17-14-11(i)). On a sale, a Sales Disclosure Form approved by the county assessor must be filed with the auditor first. In Marion County the Assessor, not the Auditor, applies the transfer stamp. Expect two or three offices (assessor, auditor, recorder), or mail everything to the auditor (the Assessor in Marion County) with a separate check for each office.
- On a sale, buyer and seller sign a Sales Disclosure Form (State Form 46021) under penalties of perjury. The county assessor reviews and stamps it, and it is then filed with the county auditor with a $20 fee (Ind. Code §§ 6-1.1-5.5-3, -4). A gift or a transfer on death deed needs none. Ask your county assessor how to submit it.
- Indiana has no real estate transfer tax.
- A deed to a married couple creates a tenancy by the entirety unless it says otherwise.
$49, 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 $49, versus roughly $150–$700 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 per document. Indiana has no transfer tax. Expect the recording fee plus the county auditor's $10 endorsement fee per deed or parcel (Ind. Code § 36-2-9-18(e)). On a sale, add the $20 sales disclosure fee (§ 6-1.1-5.5-4). Pay each office separately. The state sets a base of $25 per deed, whatever the number of pages (Ind. Code § 36-2-7-10(c)(1)), and a county may add $10 for an affordable housing fund (§§ 36-2-7-10(c)(9), 36-2-7-10.7), so the fee depends on the county: Marion County charges $35 per document and Monroe County $25.
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. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies.
No. Once a life estate deed is signed and delivered, the remaindermen hold a present interest and you can't sell, mortgage, or undo it without every one of them signing. If you want to keep control, look at a transfer-on-death deed instead.
Yes, for this property. On your death the property passes directly to the people you named, outside probate. They then record proof of your death with the County Recorder so the public record shows the change. It doesn't avoid probate for anything else you own, it doesn't clear the mortgage, and it doesn't protect the property from your creditors.
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
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.