Indiana transfer-on-death deed
A transfer-on-death deed lets you name who inherits your Indiana property without probate, while you keep full control, including the power to sell or mortgage it without anyone's signature. 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 transfer-on-death deed does in Indiana
A transfer-on-death deed (a beneficiary deed in Arizona, Arkansas, Colorado and Missouri) names the person who should receive your real estate when you die. You record it now, but it transfers nothing until death: you keep full ownership, you can sell or mortgage the property, and you can revoke the deed at any time without your beneficiary's consent. When you die, the property passes outside probate. Your beneficiaries then record the documents your state requires to show them as the owners; in a few states that filing has a deadline, or is what completes the transfer.
In Indiana the governing statute is Ind. Code ch. 32-17-14. Indiana's Transfer on Death Property Act covers real estate and other assets.
The Indiana law behind this deed
Start with Ind. Code ch. 32-17-14 if you want to read the statute's own language. The table below lists the main statutes behind the rules on this page.
| What it governs | Citation |
|---|---|
| Transfer-on-death deeds specifically | Ind. Code ch. 32-17-14 |
| Conveyances generally | Ind. Code § 32-21-1-13 |
| Recording with the County Recorder | Ind. Code § 32-21-4-1 |
When Indiana homeowners use a transfer-on-death deed
- Leave a house to your children without probate
- Keep real estate out of a will contest
- Get probate avoidance without paying for a full living trust
- Name a backup beneficiary in case your first choice dies first
- Revoke or change an earlier beneficiary designation
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. No sales disclosure form is needed for a transfer on death deed (Ind. Code § 6-1.1-5.5-1). |
| County auditor's endorsement | Required before recording, on a transfer on death deed too. 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), 32-17-14-11(i)). |
| Timing | Must be recorded before the owner's death. Recording it afterwards has no effect. |
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 transfer on death deed needs the endorsement too (Ind. Code § 32-17-14-11(i)), but 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 your beneficiaries where it isTitle passes to them automatically at your death (Ind. Code § 32-17-14-26(b)(18)). A beneficiary then records a transfer on death affidavit, endorsed by the county auditor, giving the legal description, your date of death, the surviving beneficiaries' names and addresses, and a cross-reference to this deed. Until it is recorded, the beneficiaries and your estate are jointly liable for the property taxes (§ 32-17-14-26(b)(20)).
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, and a transfer on death deed needs no sales disclosure form, because it is not a transfer for valuable consideration (Ind. Code § 6-1.1-5.5-1). Expect the recording fee plus the county auditor's $10 endorsement fee (Ind. Code § 36-2-9-18(e)). 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 transfer-on-death deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Only 34 states plus DC recognize it. Recording one in a state that does not accept it accomplishes nothing.
- It does not clear the mortgage. Your beneficiary takes the property subject to any loan, lien, or judgment against it.
- It doesn't protect the property from your creditors, and in many states it doesn't shield the property from Medicaid estate recovery.
- The beneficiary receives no ownership interest until you die. They cannot be added as a co-owner this way.
- If a beneficiary dies before you, what happens to their share depends on state law: in some states it passes to the other beneficiaries or to the beneficiary's descendants, in others it fails. Naming an alternate, where your state's form allows one, avoids the question.
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, and a transfer on death deed needs no sales disclosure form, because it is not a transfer for valuable consideration (Ind. Code § 6-1.1-5.5-1). Expect the recording fee plus the county auditor's $10 endorsement fee (Ind. Code § 36-2-9-18(e)). 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.
Yes. You can record a sworn affidavit revoking the beneficiary designation (Deedly's revocation form is that affidavit), record a new transfer on death deed naming different beneficiaries, or sell the property. You don't need your beneficiary's permission for any of it. Any revocation, new TOD deed or sale deed must be recorded before your death, or it is void (Ind. Code § 32-17-14-16(h), (j)).
Yes, for this property. On death the property passes to the people you named automatically, outside probate (Ind. Code § 32-17-14-26(b)(18)). A beneficiary then records a transfer on death affidavit endorsed by the county auditor (§ 32-17-14-26(b)(20)). 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 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.