Indiana Transfer on Death Deed

Introduction

Key Things to Know

1. 1

   In Indiana a transfer on death deed is a deed you record while alive that names a beneficiary to receive your real property automatically at your death, without probate, under the Indiana Transfer on Death Property Act (IC 32-17-14).

2. 2

   During your life the deed has no effect on your ownership. You keep full control, can sell or mortgage the property, the property stays subject to your creditors, and the beneficiary has no interest until you die.

3. 3

   To be valid the deed must be executed by you as the owner and, like any recordable Indiana deed, acknowledged before a notary. Indiana does not require witnesses.

4. 4

   The deed is void unless it is recorded with the recorder of deeds in the county where the real property is situated before your death (IC 32-17-14-11).

5. 5

   Indiana sets no fixed number of days to record, but a deed not recorded before you die does not transfer the property. Record promptly after signing.

6. 6

   You can revoke or change the beneficiary before death by recording a subsequent deed that revokes, omits, or changes the beneficiary, or a notarized affidavit that does so (IC 32-17-14-16).

7. 7

   A will or trust cannot revoke the deed unless the deed expressly grants that right, and a lifetime transfer of your interest ends the beneficiary designation for the property transferred (IC 32-17-14-16).

Indiana Requirements for Transfer on Death Deed

• Use an Indiana Transfer on Death Deed

  Indiana authorizes a transfer on death deed under the Transfer on Death Property Act, IC 32-17-14. The deed names a beneficiary to receive the real property at the owner death, without probate, while the owner keeps full control during life.

• Legal Description and Parcel Number

  The full legal description of the property from the current recorded deed, plus the street address and the parcel or key number. A street address alone is not enough to record the deed with the county recorder.

• Name the Beneficiary and an Alternate

  The full legal name of the beneficiary who will receive the property at the owner death, and an alternate if the first does not survive the owner. Naming a backup keeps the property out of probate if the first beneficiary dies first.

• Acknowledge Before a Notary, No Witnesses

  The deed must be executed by the owner and, like any recordable Indiana deed, acknowledged before a notary public. Indiana does not require witnesses on a transfer on death deed (IC 32-17-14-11).

• Record With the County Recorder Before Death

  The deed is void unless it is recorded with the recorder of deeds in the county where the real property is situated before the owner death. Indiana sets no fixed number of days, so record promptly after signing (IC 32-17-14-11).

• Revoke by a Recorded Deed or Affidavit

  The beneficiary may be revoked or changed before death by recording a subsequent deed that revokes, omits, or changes the beneficiary, or a notarized affidavit that does so. A will or trust cannot revoke it unless the deed expressly allows it (IC 32-17-14-16).

• A Lifetime Transfer Ends the Designation

  A transfer of the owner interest in the property during life ends the beneficiary designation for the property transferred. The owner keeps full control and the property stays subject to the owner creditors while alive.

• Property Passes Subject to Existing Debts

  At the owner death the beneficiary takes the property subject to any mortgages, liens, and claims that exist at that time. The deed passes only the described property and does not change the owner other assets or will.