Transfer-on-Death Deed

TRANSFER-ON-DEATH DEED — STATE OF INDIANA

Pursuant to Ind. Code § 32-17-14-1 et seq. (Transfer on Death Property Act)

Table of Contents

1. Caption and Title
2. Owner Information
3. Beneficiary Designation
4. Property Description
5. Transfer-on-Death Designation
6. Revocability
7. Effect on Existing Interests
8. Multiple Beneficiary Provisions
9. Signature and Notarization
10. Recording Information
11. Indiana-Specific Notes
12. Sources and References

1. Caption and Title

PREPARED BY:
[________________________________]

WHEN RECORDED, RETURN TO:
[________________________________]
[________________________________]
[________________________________]

SEND TAX STATEMENTS TO:
[________________________________]

TRANSFER-ON-DEATH DEED
(Indiana Transfer on Death Property Act — IC § 32-17-14-1 et seq.)

2. Owner Information

THIS TRANSFER-ON-DEATH DEED is made on [__/__/____] by:

Owner:

Additional Owner (if applicable):

3. Beneficiary Designation

Designated Beneficiary(ies):

Primary Beneficiary:

Additional Beneficiary (if applicable):

Alternate/Contingent Beneficiary:

4. Property Description

The real property subject to this Transfer-on-Death Deed is located in [________________________________] County, State of Indiana, and described as follows:

Legal Description:
[________________________________]
[________________________________]
[________________________________]

Commonly Known As (Street Address):
[________________________________], Indiana [____]

Parcel Number/Tax ID: [________________________________]

5. Transfer-on-Death Designation

The Owner hereby designates that upon the Owner's death, the above-described real property shall transfer to the Designated Beneficiary(ies) identified in Section 3, subject to the following:

1. Effective Date: This transfer becomes effective only upon the death of the Owner (or the last surviving Owner if co-owned). The Owner retains full ownership and control during lifetime.

2. Nontestamentary: This deed is nontestamentary. It is not a will and is not subject to probate requirements.

3. No Present Interest: The Beneficiary(ies) acquire(s) no present interest during the Owner's lifetime.

4. Statutory Authority: This deed is executed pursuant to Ind. Code § 32-17-14-1 et seq.

6. Revocability

THIS TRANSFER-ON-DEATH DEED IS REVOCABLE.

The Owner may change or revoke this beneficiary designation during the Owner's lifetime by:

☐ Recording a subsequent instrument that changes or revokes the beneficiary designation
☐ Recording a new TOD deed for the same property
☐ Conveying the property by inter vivos deed

Requirements:

• The revoking instrument must be recorded with the county recorder before the Owner's death
• For property held as tenants by the entirety, revocation or change requires both spouses' agreement

7. Effect on Existing Interests

This Transfer-on-Death Deed does not:

• Affect any existing mortgage, lien, or encumbrance
• Defeat creditors' claims or liens against the property
• Transfer any present interest to the beneficiary

Joint Tenancy: Recording a TOD deed severs a joint tenancy (IC § 32-17-14-11). This is an important distinction — in Indiana, a TOD deed converts joint tenancy into tenancy in common as to the transferring owner's interest.

The Beneficiary(ies) take(s) the property subject to all existing encumbrances and interests.

8. Multiple Beneficiary Provisions

If multiple beneficiaries are designated:

☐ Tenants in Common: Beneficiaries take as tenants in common in the shares specified.
☐ Joint Tenants with Right of Survivorship: Beneficiaries take as joint tenants.

If a designated beneficiary predeceases the Owner:
☐ The share passes to the alternate/contingent beneficiary.
☐ The share is divided among the surviving beneficiaries.
☐ The share lapses and becomes part of the Owner's estate.

9. Signature and Notarization

OWNER'S SIGNATURE:

_____________________________________________
Signature of Owner

Printed Name: [________________________________]
Date: [__/__/____]

_____________________________________________
Signature of Additional Owner (if applicable)

Printed Name: [________________________________]
Date: [__/__/____]

ACKNOWLEDGMENT

STATE OF INDIANA
COUNTY OF [________________________________]

Before me, the undersigned Notary Public in and for said County and State, personally appeared [________________________________], who acknowledged the execution of the foregoing Transfer-on-Death Deed as his/her voluntary act and deed.

Witness my hand and notarial seal this [____] day of [________________________________], [____].

_____________________________________________
Notary Public
Printed Name: [________________________________]
My Commission Expires: [__/__/____]
County of Residence: [________________________________]

[NOTARY SEAL]

10. Recording Information

RECORDING REQUIREMENTS:

☐ This deed must be recorded with the county recorder in the county where the property is located before the Owner's death
☐ An unrecorded TOD deed is VOID — it has no legal effect
☐ Auditor endorsement is NOT required for TOD deed recording (IC 36-2-11-14 does not apply)
☐ Recording fees per the county recorder's schedule apply

Upon the Owner's Death:

☐ Certified copy of the Owner's death certificate — recorded with the county recorder
☐ Affidavit of transfer on death
☐ Indiana Inheritance Tax Return (if applicable — note: Indiana repealed its inheritance tax effective January 1, 2022 for deaths occurring on or after that date)

11. Indiana-Specific Notes

Severance of Joint Tenancy

Critical: In Indiana, recording a TOD deed severs a joint tenancy (IC § 32-17-14-11). If an owner holds property in joint tenancy and records a TOD deed, the joint tenancy is converted to a tenancy in common as to that owner's share. This is a significant departure from some other states.

Tenancy by the Entirety

Property held as tenants by the entirety (available to married couples) requires both spouses to join in the TOD deed. A unilateral TOD deed by one spouse is inoperable for entirety property.

Creditor Claims

TOD deeds do not defeat creditors' claims or liens. Creditors of the deceased owner may pursue claims against the transferred property.

Medicaid Estate Recovery

Property transferred by TOD deed may be subject to Indiana Medicaid estate recovery. The Indiana Family and Social Services Administration (FSSA) may seek reimbursement from property transferred by TOD deed. Consult an elder law attorney.

Indiana Inheritance Tax

Indiana repealed its inheritance tax effective January 1, 2022, for deaths occurring on or after that date. For earlier deaths, the inheritance tax applied to TOD deed transfers.

No Auditor Endorsement Required

County auditor endorsement under IC 36-2-11-14 is not required to record a TOD deed. This requirement applies to deeds conveying present interests, not TOD deeds.

Title Insurance

Practitioners should confirm that the title insurance underwriter will insure title transferred by TOD deed. Most major underwriters accept Indiana TOD deeds, but practices may vary.

12. Sources and References

• Ind. Code § 32-17-14-1 et seq. — Transfer on Death Property Act
• Ind. Code § 32-17-14-11 — TOD Deed Effect on Joint Tenancy
• Ind. Code § 36-2-11-14 — Auditor Endorsement (not applicable to TOD deeds)
• Ind. Code § 32-17-3 — Tenancy by the Entirety
• Indiana Family and Social Services Administration — Medicaid Estate Recovery

This template is provided for informational and educational purposes only and does not constitute legal advice. Consult a licensed Indiana attorney before executing any transfer-on-death deed.