Indiana special warranty deed
Here is what Indiana actually requires on a special warranty 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 per document
- E-recording
- Approved submitters
What a special warranty deed does in Indiana
A special warranty deed, also called a limited warranty deed or a covenant deed in some states and a grant deed in California, sits between a quitclaim and a general warranty deed. The grantor promises they did nothing during their own ownership to damage the title, and nothing more. Anything that happened before they bought the property is the buyer's risk. Estates, trustees, banks, and builders commonly use it.
Indiana has no statutory special (limited) warranty deed form. The covenant is set by the deed's own words. The statutory general warranty covenants are in Ind. Code § 32-17-1-2.
The Indiana law behind this deed
Indiana has no section written specifically for special warranty 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 |
When Indiana homeowners use a special warranty deed
- Sell a property you inherited or hold as trustee
- Convey a property you have owned only briefly
- Transfer commercial or investment property
- Give a buyer more protection than a quitclaim without accepting unlimited exposure
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 | Sales Disclosure Form (State Form 46021) when the property is sold (transferred for valuable consideration), approved by the county assessor. None for a gift (Ind. Code §§ 6-1.1-5.5-1, -3). |
| 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)). |
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)). On a sale, first file a Sales Disclosure Form (State Form 46021), signed by buyer and seller and approved by the county assessor, with a $20 fee (§§ 6-1.1-5.5-3, -4). Your filing packet says whether it applies to you.
- 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.
- 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 per document |
| Transfer tax | None in this state |
| County auditor's endorsement | $10 per deed or parcel (Ind. Code § 36-2-9-18(e)) |
| Sales disclosure form | $20, on a sale only (Ind. Code § 6-1.1-5.5-4) |
| 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 special warranty deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Defects that predate your ownership are not covered. The buyer bears that risk.
- It does not substitute for a title search or an owner's title insurance policy.
- It transfers ownership immediately and cannot be revoked.
- Some purchase contracts specifically require a general warranty deed; check yours before using this one.
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.
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 deed to a married couple creates a tenancy by the entirety unless the deed says otherwise. The statutory tenancy-in-common default does not apply to spouses (Ind. Code § 32-17-2-1(a)(3)), and § 32-17-3-1 applies the same rule to a spouses' purchase contract.
$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, 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 transfer-on-death deedNames who inherits your property, skips probate, and changes nothing while you're alive.
- Indiana life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- 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.