Indiana Warranty Deed
A warranty deed guarantees clear title and defends the buyer against claims. Indiana codifies a statutory warranty deed form. Attorney review available.
Introduction
Indiana codifies a statutory warranty deed short form: a deed worded as A.B. conveys and warrants to C.D. passes a fee simple and carries five covenants under Indiana Code Section 32-17-1-2, the grantor's guarantee of clear title and promise to defend the buyer. That title guarantee is what separates it from a quitclaim deed, which promises nothing and only passes whatever interest the seller happens to have. A general warranty deed protects against every title defect, including ones that arose before the seller owned the property; a special or limited warranty deed covers only problems created during the seller's own ownership. Indiana is a true warranty deed state, and it does not rely on a grant deed the way some states do. Indiana codifies a statutory warranty deed short form: a deed worded in substance as A.B. conveys and warrants to C.D. is a conveyance in fee simple that carries five covenants under Indiana Code Section 32-17-1-2: that the grantor is lawfully seized of the premises, has good right to convey them, guarantees quiet possession, guarantees the premises are free from all encumbrances, and will warrant and defend the title against all lawful claims. The operative words convey and warrant are what trigger those covenants; a quitclaim (Section 32-21-1-15) triggers none. You record the signed, notarized deed with the county recorder of the county where the property sits (Section 32-21-4-1). DocDraft builds your Indiana deed from your facts, with attorney review available before you record.
Key Things to Know
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A warranty deed is a deed in which the seller guarantees clear title and agrees to defend the buyer against any later claim; Indiana is a true warranty deed state that codifies this promise rather than relying on a grant deed.
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Indiana codifies a statutory warranty deed. A deed worded in substance as A.B. conveys and warrants to C.D. conveys fee simple and carries five covenants under Indiana Code Section 32-17-1-2: lawfully seized, good right to convey, quiet possession, free from all encumbrances, and warrant and defend the title against all lawful claims.
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The operative words convey and warrant are what create those covenants. Indiana quitclaim deed uses the words A.B. quitclaims to C.D. (Section 32-21-1-15) and carries no covenants at all, so the wording you choose controls how much protection the buyer gets.
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The codified conveys-and-warrants form is a general warranty deed, warranting against all lawful claims including defects predating the grantor. A special or limited warranty narrows the warrant-and-defend covenant to claims arising during the grantor's own ownership; Indiana does not codify a separate special-warranty form, so a limited warranty is drafted by expressly restricting that covenant.
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You record the signed deed with the county recorder of the county where the property is located (Indiana Code Section 32-21-4-1). Indiana follows a race-notice priority rule, so recording promptly protects you against a later good-faith buyer whose deed is recorded first.
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The grantor's signature must be acknowledged before a notary (or proved) before the deed can be recorded (Indiana Code Section 32-21-2-3). Indiana does not require subscribing witnesses for a deed, so a proper notarial acknowledgment is what allows the county recorder to record it.
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Indiana charges no state real estate transfer tax, but for a transfer for valuable consideration the parties must file a Sales Disclosure Form (State Form 46021) with the county auditor, and the recorder cannot record without evidence it was filed (Indiana Code Section 6-1.1-5.5). If a married couple owns the property as tenants by the entireties, both spouses must sign to convey it.
Key decisions before you file
Before you file a Warranty Deed in Indiana, a few decisions shape the document: which option to choose and what each one means. The Warranty Deed guide walks through them.
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Indiana Requirements for Warranty Deed
A warranty deed guarantees clear title and defends the buyer against claims. Indiana codifies a statutory warranty deed: a deed worded as A.B. conveys and warrants to C.D. conveys fee simple with five covenants under Indiana Code Section 32-17-1-2 (grantor is lawfully seized, has good right to convey, guarantees quiet possession, guarantees the premises are free from all encumbrances, and will warrant and defend the title against all lawful claims).
Indiana uses a true statutory warranty deed, not a grant deed. The operative words convey and warrant trigger the Section 32-17-1-2 covenants, while the statutory quitclaim form A.B. quitclaims to C.D. (Indiana Code Section 32-21-1-15) carries none and passes only the interest the grantor holds. Choose the wording that matches the protection intended.
Record the signed, notarized deed with the county recorder of the county in which the real estate is located (Indiana Code Section 32-21-4-1). Indiana follows a race-notice priority rule, so a conveyance recorded first generally prevails over a later one by a good-faith purchaser for value. Record promptly to protect your interest.
Before recording, the grantor signature must be acknowledged before a notary, or proved, under Indiana Code Section 32-21-2-3. Indiana does not require subscribing witnesses for a deed, so a proper notarial acknowledgment is the recording path. The recorder also enforces formatting rules on margins, paper weight, and type size (Section 36-2-11-16.5).
Indiana levies no state real estate transfer tax or documentary stamp tax. Instead, for a transfer for valuable consideration the parties must file a Sales Disclosure Form (State Form 46021) with the county auditor, and the recorder cannot record the deed without evidence it was filed (Indiana Code Section 6-1.1-5.5). Counties charge recording fees and a per-parcel auditor endorsement fee that vary by county.
Identify the grantor and grantee, state the consideration, and include the full legal description of the real estate (not just the street address or parcel number). Errors in the legal description or in how the grantee takes title are a common and costly source of later title problems, so confirm both against the current vesting deed.
Indiana is not a community property state and has abolished dower and curtesy, so a non-owner spouse generally need not join to convey property titled solely in the other spouse name. However, real estate owned by a married couple is commonly held as tenants by the entireties, and in that case both spouses must sign the deed to convey it. Confirm how title is held before signing.
Choose the deed to match the protection intended. The statutory convey-and-warrant form is a general warranty deed and warrants against all lawful claims, including those predating the grantor (Indiana Code Section 32-17-1-2). A special or limited warranty narrows that covenant to claims arising during the grantor own ownership; Indiana codifies no separate special-warranty form, so it is drafted by express language. A quitclaim gives no covenants.
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Check my Warranty DeedFrequently Asked Questions
A warranty deed guarantees the seller holds clear title and will defend the buyer against claims to the property. A quitclaim deed makes no promises at all; it passes only whatever interest the seller actually has. Indiana codifies both short forms: a deed worded as A.B. conveys and warrants to C.D. is a fee simple conveyance carrying the five covenants of Indiana Code Section 32-17-1-2, while a deed worded as A.B. quitclaims to C.D. (Section 32-21-1-15) carries none. The operative words are what set the two apart.
Under Indiana Code Section 32-17-1-2, a statutory warranty deed carries five covenants from the grantor: that the grantor is lawfully seized of the premises, has good right to convey them, guarantees quiet possession, guarantees the premises are free from all encumbrances, and will warrant and defend the title against all lawful claims. Because those covenants reach all lawful claims, a general warranty deed protects the buyer even against title defects that arose before the grantor owned the property.
Indiana uses a warranty deed, not a grant deed. Some states rely on a grant deed, but Indiana codifies a statutory warranty deed short form in Indiana Code Section 32-17-1-2 whose operative words are convey and warrant, and a statutory quitclaim in Section 32-21-1-15. Most Indiana sales use the warranty deed because it gives the buyer the five title covenants; a quitclaim is used mainly for gifts, divorces, and transfers between people who already trust each other.
You record the signed, notarized deed with the county recorder of the county where the property is located (Indiana Code Section 32-21-4-1). Before recording, file a Sales Disclosure Form (State Form 46021) with the county auditor for any transfer for valuable consideration (Section 6-1.1-5.5). Indiana follows a race-notice priority rule, so a deed that is recorded first generally defeats a later one, which is why you should record promptly after signing.
Indiana does not require an attorney to prepare or record a deed; an individual may prepare their own warranty or quitclaim deed and record it. Because a warranty deed makes the grantor legally responsible for the five covenants of Indiana Code Section 32-17-1-2, and a mistake in the legal description or vesting can be expensive to fix, many people have the deed reviewed before recording. DocDraft prepares your Indiana deed from your facts, with attorney review available as an option before you record.
It must be notarized. Before an Indiana deed can be recorded, the grantor's signature has to be acknowledged before a notary, or proved, under Indiana Code Section 32-21-2-3. Indiana does not require subscribing witnesses for a deed, so a proper notarial acknowledgment is what allows the county recorder to record it. The recorder also enforces formatting rules on margins, paper, and type size.
No. Indiana does not levy a state real estate transfer tax or documentary stamp tax. Instead, for a transfer for valuable consideration the parties must file a Sales Disclosure Form (State Form 46021) with the county auditor, and the recorder cannot record the deed without evidence the form was filed (Indiana Code Section 6-1.1-5.5). Counties do charge recording fees and a per-parcel auditor endorsement fee, which vary by county.
A general warranty deed warrants title against all lawful claims, including defects that arose before the grantor owned the property; that is the effect of the statutory convey-and-warrant form in Indiana Code Section 32-17-1-2. A special or limited warranty deed narrows the warrant-and-defend covenant to claims arising by, through, or under the grantor during the grantor's own ownership. Indiana does not codify a separate special-warranty short form, so a limited warranty is created by expressly restricting that covenant in the deed.