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Transfer on Death Deed Laws in Indiana

Indiana allows transfer on death deeds under its Transfer on Death Property Act, and the deed must be recorded with the county recorder before the owner's death or it is void.

Last checked . General information, not legal advice.

Indiana at a glance

TOD deed allowed
Yes
Uniform act adopted
No, own statute
Indiana uses its own Transfer on Death Property Act, IC 32-17-14.
Recording rule
Before the owner's death
Must be recorded with the recorder of deeds of the county where the property is located; an unrecorded deed is void.

Sources

Last checked

The rules in Indiana

Does Indiana allow transfer on death deeds for real estate?

Yes. TOD deed allowed in Indiana: yes.

Has Indiana adopted the Uniform Real Property Transfer on Death Act?

No, own statute. Uniform act adopted in Indiana: no, own statute. Indiana uses its own Transfer on Death Property Act, IC 32-17-14.

When must a transfer on death deed be recorded in Indiana?

Recording rule in Indiana: Before the owner's death. Must be recorded with the recorder of deeds of the county where the property is located; an unrecorded deed is void.

Where do the Indiana transfer on death deed laws come from?

The rules above come from Ind. Code 32-17-14-1 and Ind. Code 32-17-14-11. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Where a transfer on death deed is allowed, it generally has to be signed with the same formalities as an ordinary deed and recorded in the land records of the county where the property sits. A deed that is signed but never recorded within the time the statute requires may have no effect, so check the recording rule before relying on one.

A transfer on death deed usually covers only the property it describes. It does not replace a will, and other assets still pass under a will, a trust or the intestacy rules. Keeping the deed consistent with your other estate planning documents helps avoid conflicting instructions.

Creditors, Medicaid estate recovery and property tax rules can still reach property that passes by a transfer on death deed in some situations. If the property is mortgaged, jointly owned or the beneficiary situation is complicated, consider having a local real estate or estate planning attorney review the deed.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.