Indiana Transfer on Death Deed
An Indiana transfer on death deed names a beneficiary to receive your home without probate. It must be notarized and recorded with the county recorder before your death. No witnesses are required. Attorney review available.
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Introduction
A transfer on death deed in Indiana is a deed you sign and record while you are alive that names a beneficiary to receive your real property automatically when you die, without probate, under the Indiana Transfer on Death Property Act (IC 32-17-14). During your life the deed has no effect on your ownership: you keep full control and can sell or mortgage the property, the property stays subject to your creditors, and the beneficiary has no interest until you die. To be valid in Indiana, 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. 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). Indiana does not set a fixed number of days to record, but a deed that is not recorded before you die does not transfer the property, so record promptly after signing. You can revoke or change the beneficiary during your life by recording, before your death, a subsequent deed that revokes, omits, or changes the beneficiary, or a notarized affidavit that does so; a will or trust cannot revoke the deed unless the deed expressly grants that right (IC 32-17-14-16). A lifetime transfer of your interest ends the beneficiary designation for the property transferred. DocDraft builds your Indiana transfer on death deed from your facts, with attorney review available before you sign.
Key Things to Know
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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).
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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.
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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.
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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).
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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.
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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).
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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).
Key decisions before you file
Before you file a Transfer on Death Deed in Indiana, a few decisions shape the document: which option to choose and what each one means. The Transfer on Death Deed guide walks through them.
Open the Transfer on Death Deed guideCustomize your Transfer on Death Deed Template with DocDraft
Once your Transfer on Death Deed is ready, you can check whether it needs to be notarized in Indiana in about a minute, and notarize it online through DocDraft if it does.
Indiana Requirements for 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.
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.
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.
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).
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).
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 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.
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.
Does your Transfer on Death Deed need to be notarized in Indiana?
Whether a Transfer on Death Deed needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.
Check my Transfer on Death DeedFrequently Asked Questions
An Indiana transfer on death deed is a deed you sign and record while you are alive that names a beneficiary to receive your real property automatically when you die, without probate, under the Indiana Transfer on Death Property Act (IC 32-17-14). During your lifetime it has no effect on your ownership: you keep full control and can sell or revoke it, and the beneficiary has no interest until you die. It passes only the property described in the deed.
An Indiana will directs who inherits your property, but the property still passes through probate, the court process that can take many months. An Indiana transfer on death deed passes the specific real property it names directly to the beneficiary at your death, outside probate. The will covers your whole estate; the transfer on death deed covers only the real property it describes. Many people use both, so the deed handles the home and the will handles everything else.
To be valid in Indiana 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. 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). The deed should clearly describe the property and name the beneficiary who will receive it at your death.
No. Indiana does not require witnesses on a transfer on death deed. The deed must be executed by the owner and acknowledged before a notary public, the same as any recordable Indiana deed, and then recorded with the county recorder before death (IC 32-17-14-11). This is different from states like Illinois, which require two witnesses. In Indiana the notary acknowledgment and recording before death are what make the deed effective.
An Indiana transfer on death deed must be recorded with the recorder of deeds in the county where the real property is situated before the owner death; the deed is void if it is not recorded before death (IC 32-17-14-11). Indiana does not set a fixed number of days to record after signing, unlike some states, but the safest practice is to record the deed promptly after it is signed and notarized so it is effective.
Yes, during your life. You can revoke or change an Indiana transfer on death deed by recording, before your death, a subsequent deed that revokes, omits, or changes the beneficiary designation, or a notarized affidavit that does so (IC 32-17-14-16). A will or trust cannot revoke the deed unless the deed expressly grants that right. A transfer of your interest during life also ends the beneficiary designation for the property you transfer.
An Indiana transfer on death deed lets the named real property pass to the beneficiary outside probate, which can save time and cost. It does not erase debts. The beneficiary takes the property subject to any mortgages, liens, and claims that exist at your death, and during your life the property stays subject to your creditors. The deed also does not change your other assets, which still pass under your will or Indiana law.
Under Indiana law, if a beneficiary who is a lineal descendant of the owner dies before the owner, that beneficiary share passes to their own lineal descendants, unless the deed states otherwise (IC 32-17-14). For other beneficiaries, naming an alternate in the deed is the clearest way to keep the property out of probate if your first beneficiary dies before you. You can update the beneficiary any time before death by recording a new deed.