Indiana property deeds
Deed rules are state law, and Indiana's differ from its neighbors in ways that decide whether your document records or comes back. Here is the whole picture: which deeds exist here, how they have to be signed, what the recorder wants on the page, and what it costs.
- Recording office
- County Recorder
- Witnesses
- Notary only
- Transfer tax
- None
- First-page margin
- 3″ top
- Recording fee
- ~$25 per document
- E-recording
- Approved submitters
Deeds Indiana recognizes
| Deed | What it does | Available? |
|---|---|---|
| Quitclaim deed | Transfers whatever interest you have in a property, with no promises about the title. | Yes |
| General warranty deed | Transfers ownership with the strongest title guarantees the law allows. | Yes |
| Special warranty deed | Transfers ownership, but only guarantees the title for the period you owned it. | Yes |
| Transfer-on-death deed | Names who inherits your property, skips probate, and changes nothing while you're alive. | Yes |
| Lady Bird Deed | An enhanced life estate deed: you keep total control for life, and the property passes automatically at death. | No |
| Life estate deed | You keep the right to live in the property for life; named remaindermen own it after you. | Yes, less common |
| Gift deed | Transfers property to someone as an outright gift, for no payment. | Yes, less common |
Indiana does not recognize lady bird deeds, so recording one here may not do what you want.
How a deed has to be signed in Indiana
Indiana requires the grantor's signature to be acknowledged before a notary public. No witnesses are required.
| Requirement | Rule |
|---|---|
| Notarization | Required. Each signer must appear before the notary and acknowledge the signature. |
| Witnesses | None |
| Preparer statement | Required |
| Grantee address on the deed | Required |
| Prior deed reference | Optional |
| Spousal joinder | Not generally required |
Indiana document formatting rules
A safe layout for Indiana is 8.5 × 11 inch paper with a 3-inch clear space at the top of the first page for the county recorder's stamp, 1-inch margins elsewhere, and no type smaller than 10 point. That is the profile Deedly formats every Indiana document to. Writing into the recorder's stamp area is the most common formatting rejection there is.
- Indiana requires 2-inch top and bottom margins on the first and last pages, half-inch margins elsewhere, black ink, type of at least 10 points, and white paper of at least 20-pound weight (Ind. Code § 36-2-11-16.5).
Indiana transfer tax and recording fees
Indiana has no state real estate transfer tax. Before the recorder will accept a deed, the county auditor must endorse it for taxation, for a $10 fee per deed or parcel (Ind. Code §§ 36-2-11-14, 36-2-9-18(e)). On a sale, a Sales Disclosure Form approved by the county assessor must be filed with the auditor first, with a $20 fee (Ind. Code §§ 6-1.1-5.5-3, -4).
A sales disclosure form has to travel with a sale
Indiana requires a Sales Disclosure Form (State Form 46021) when real estate is transferred for valuable consideration (a sale). It is not required for a gift, a transfer on death deed, or a quitclaim that is not a source of title (Ind. Code §§ 6-1.1-5.5-1, -2). When it is required, the county auditor will not accept the deed without it.
Recording fees run about $25 per document. 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.
See how Indiana's transfer tax and recording fee compare with other states.
How to hold title in Indiana
- Sole ownership. One person owns everything.
- Tenancy in common. Separate, divisible shares with no survivorship. A deceased owner's share goes to their heirs.
- Joint tenancy with right of survivorship. Equal shares; the survivor takes the whole property automatically.
- Tenancy by the entirety. Married couples only, with automatic survivorship and, in most states that allow it, protection from one spouse's creditors.
What the law presumes for 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.
Where to record a deed in Indiana
Deeds are recorded with the County Recorder in the county where the property is located. Indiana has 92 counties. Many offices accept e-recording, but usually only from approved submitters such as title companies, attorneys, and lenders.
Marion · Lake · Allen · Hamilton · St. Joseph · Elkhart · Tippecanoe · Vanderburgh · Hendricks · Porter. all Indiana recording offices
Why deeds get rejected in Indiana
- 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.
From $29. Every Indiana rule above is applied automatically, and you read the finished document before you pay.
Common questions
You sign a deed, have it notarized, have it endorsed by the county auditor (and file a sales disclosure form if it is a sale), then record it with the County Recorder in the county where the property sits. Which deed depends on what you're doing: a quitclaim for family transfers and adding or removing a name, a warranty deed for a sale, and a transfer-on-death deed for probate avoidance.
No. Indiana does not require an attorney to prepare or record a deed. Use one when ownership is disputed, when the owner has died and the estate has not been probated, when the estate is large enough to owe tax, or when Medicaid planning is involved.
About $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.
Yes. The statute is Ind. Code ch. 32-17-14. It must be recorded before the owner's death to be effective.
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.
- Indiana recording officesWhere to file in each county, with fees and contact details.
- Compare all 51 jurisdictionsWitness rules, transfer taxes, and recording fees side by side.
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.