Transfer-on-Death Deed Requirements in Indiana

At a glance

Indiana lets you use a transfer on death deed (TOD deed) to leave real estate to someone without probate, under the Indiana Transfer on Death Property Act (Ind. Code § 32-17-14). You record a deed now that names a beneficiary; nothing happens while you are alive — you keep full ownership and control — and when you die, the property passes automatically to the person you named. The Act is unusually broad, covering bank accounts, securities, vehicles, and more, but this page is about the deed for real estate.

The one rule that matters more than any other: the deed must be recorded before you die. Indiana says it flatly — a transfer on death deed "is void if it is not recorded ... before the death of the owner" (§ 32-17-14-11(b)).

Requirements one by one

Signing, notarizing, and the auditor's endorsement

A TOD deed must be "in writing, signed by the owner, dated, and ... compliant with all requirements for the recording of deeds" (§ 32-17-14-26(b)(1)). In practice that means you sign and date the deed and acknowledge it before a notary, just like any Indiana deed you want to record. Indiana does not require witnesses for the real-property deed. One Indiana-specific step: the deed also needs the county auditor's endorsement before the recorder will accept it (§ 32-17-14-11(i)). (Some older form templates say the auditor's endorsement is not required — that changed with a 2024 amendment; it is required now.)

Recording before death — the make-or-break step

The deed must be "recorded with the recorder of deeds in the county in which the real property is situated before the death of the owner" (§ 32-17-14-11(a)), and it is void if it is not (§ 32-17-14-11(b)). Indiana sets no deadline measured from signing — you can record it years later — but it must be on record before you die.

Watch your co-ownership: joint tenancy is severed, entireties needs your spouse

How you hold title changes what a TOD deed does (§ 32-17-14-11(e)):

• Tenancy by the entirety (married couples): a TOD deed by one spouse alone is void unless the other spouse joins.
• Joint tenancy with right of survivorship: recording a TOD deed severs the joint tenancy, converting it to a tenancy in common. This is a real and often-unintended consequence — it can undo the survivorship you were counting on.
• Life estate measured by your own life: a TOD deed is void.

Revoking it

You can revoke a TOD deed any time before death (§ 32-17-14-16): record a later TOD deed or beneficiary designation, or simply convey the property away during life, which terminates the designation as to that property (§ 32-17-14-16(h)). Crucially, you cannot revoke it by your will or trust unless the deed expressly reserved that right (§ 32-17-14-16(g)). If the property is held by the entirety or by joint owners, revoking requires the agreement of the other spouse or all living owners (§ 32-17-14-16(b), (d)).

What the beneficiary gets

At your death the property vests in the beneficiary, with these rules:

• The beneficiary must survive you (§ 32-17-14-20).
• Indiana has a built-in anti-lapse rule most states lack: if a beneficiary who is your lineal descendant (child, grandchild) dies before you, the gift does not simply fail — it passes to that beneficiary's own descendants per stirpes, unless your deed says otherwise (§ 32-17-14-22). You can switch this off by noting "No LDPS" after the beneficiary's name.
• Name several beneficiaries and they share equally unless you state different shares (§ 32-17-14-26(b)(5)).
• The beneficiary takes the home subject to every mortgage, lien, and encumbrance on it at your death (§ 32-17-14-19).

Creditors, Medicaid, and insurance

A TOD deed avoids probate; it does not put the property beyond your debts. The Act "does not limit the rights of an owner's creditors" against the beneficiary, and the beneficiary's liability for your creditor claims and statutory family allowances is set by Indiana's nonprobate-transfer liability statute, IC 32-17-13 (§ 32-17-14-29) — meaning the beneficiary can be reached for your debts if your probate estate is too small. Indiana Medicaid (FSSA) estate recovery is one such claim; ask an elder-law attorney before relying on a TOD deed to shield a home from long-term-care recovery.

What trips people up

• A joint-tenancy TOD deed severs your survivorship. If you and another person own as joint tenants with right of survivorship and you record a TOD deed, Indiana converts the joint tenancy into a tenancy in common (§ 32-17-14-11(e)(2)). The survivorship you may have wanted is gone. If the goal is to pass the home to a co-owner, survivorship — not a TOD deed — is usually the tool.
• Your will cannot change a recorded TOD deed. Unless the deed itself reserved that power, a later will leaving the house to someone else does nothing (§ 32-17-14-16(g)). Record a new TOD deed instead.
• Insure the home right after the owner dies. The owner's property insurance keeps covering a TOD-transferred home only for a limited window after death (IC 27-1-13-18); after that the home can be uninsured until the beneficiary gets their own policy.
• The county auditor's endorsement is required. Skipping it means the recorder can reject the deed — and an unrecorded deed is void.

Common questions

Does my beneficiary get any rights while I'm alive? No. Until you die, the beneficiary has no present interest; you can sell, mortgage, or revoke without their consent.

Can I leave the house to my child, with my grandchildren as backup automatically? Largely yes — Indiana's per-stirpes rule (§ 32-17-14-22) already sends a deceased child's share to that child's descendants unless you opt out. You can also name explicit alternates.

Can a TOD deed fund my trust? Yes. Indiana expressly allows a TOD deed to transfer real property to a revocable or irrevocable trust (§ 32-17-14-11(d)).

Do I need witnesses or a lawyer? No witnesses are required for the real-property deed — just your signature, a notary, and the auditor's endorsement. But the co-ownership traps above make it easy to get wrong, so having an Indiana attorney prepare or review the deed is worth it.

Statutes and sources

• Ind. Code § 32-17-14-11 (TOD deed: execution, record-before-death/void, transfer to a trust, effect on entireties/joint tenancy/life estate, auditor endorsement) — https://iga.in.gov/ic/2025/Title_32/Article_17/Chapter_14.pdf (accessed 2026-07-11)
• Ind. Code § 32-17-14-16 (revocation; not by will/trust unless reserved; co-owner agreement) — https://iga.in.gov/ic/2025/Title_32/Article_17/Chapter_14.pdf (accessed 2026-07-11)
• Ind. Code § 32-17-14-19 (beneficiary takes subject to liens and encumbrances) — https://iga.in.gov/ic/2025/Title_32/Article_17/Chapter_14.pdf (accessed 2026-07-11)
• Ind. Code § 32-17-14-20 (beneficiary must survive the owner) — https://iga.in.gov/ic/2025/Title_32/Article_17/Chapter_14.pdf (accessed 2026-07-11)
• Ind. Code § 32-17-14-22 (per-stirpes anti-lapse for lineal-descendant beneficiaries) — https://iga.in.gov/ic/2025/Title_32/Article_17/Chapter_14.pdf (accessed 2026-07-11)
• Ind. Code § 32-17-14-26 (beneficiary designation: written, signed, dated, deed-recording-compliant; equal shares) — https://iga.in.gov/ic/2025/Title_32/Article_17/Chapter_14.pdf (accessed 2026-07-11)
• Ind. Code § 32-17-14-29 (creditors of the owner; beneficiary liability under IC 32-17-13) — https://iga.in.gov/ic/2025/Title_32/Article_17/Chapter_14.pdf (accessed 2026-07-11)