An Indiana transfer on death deed is a written deed that lets a property owner name a beneficiary to receive real property at the owner's death. The deed transfers the interest to the beneficiary if the owner or the owner's legal representative signs it. It must also be recorded in the county where the property is situated before the owner dies.[1.2] The owner can revoke or change the beneficiary designation at any time during life.[1.1]
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Indiana law. If you notice an error or outdated information, please contact us.
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Indiana's transfer on death deed is governed by Ind. Code § 32-17-14-11, which lets an owner name a beneficiary to take real property at the owner's death. The statute also sets rules for recording the deed, revoking it and using it with different kinds of co-ownership. The sections below cover each rule in turn.[1.2]
A transfer on death deed transfers the interest provided to the beneficiary if two things are true. The owner or the owner's legal representative must execute it, which means sign it. It must also be recorded with the recorder of deeds in the county in which the real property is situated before the death of the owner.[1.2]
The statute gives sample wording for the beneficiary designation. A beneficiary designation in a transfer on death deed may be worded in substance like this:[1.2]
(Insert owner's name) conveys and warrants (or quitclaims) to (insert owner's name), TOD to (insert beneficiary's name).
A transfer on death deed may also be used to transfer an interest in real property to a trust. The trust can be either revocable or irrevocable.[1.2]
A deed that uses the phrase "pay on death to" or the abbreviation "POD" may not be construed to require the liquidation of the real property being transferred. In plain words, the property does not have to be sold.[1.2]
A transfer on death deed is not required to be supported by consideration or delivered to the grantee beneficiary. In everyday terms, consideration is payment or something else of value, and the grantee beneficiary is the person who receives the property.[1.2]
The FormsPal deed has a signature line for the grantor and an acknowledgment block for a notary public to complete. Start from our transfer on death deed form, or browse the full deed forms collection.
A transfer on death deed is void if it is not recorded with the recorder of deeds in the county in which the real property is situated before the death of the owner. The endorsement of the county auditor under IC 36-2-11-14 and IC 36-2-9-18 is also necessary to record the deed.[1.2]
The owner is not locked in. A beneficiary designation may be revoked or changed during the lifetime of the owner, as Ind. Code § 32-17-14-16(a) provides.[1.1]
What the deed does depends on how the owner holds the property. The statute treats each case this way:
For a transfer on death deed executed after June 30, 2025, the deed may include this warning:[1.2]
Warning: After the death of the owner, the owner's insurance policy is required by IC 27-1-13-18 to cover the real property transferred for a period of time as set forth in IC 27-1-13-18 (e) and IC 27-1-13-18 (f). Once the period of time as set forth in IC 27-1-13-18 (e) and IC 27-1-13-18 (f) expires, the insurance policy may no longer cover the real property and the beneficiary of a transfer on death deed and the real property may become uninsured.
A transfer on death deed is not invalid due to the failure to include the warning, or due to a defect in the wording of the warning.[1.2]
The free Indiana transfer on death deed form has nine parts to complete, which you can fill in online or after you download it. They run from the preparer and return-to blocks to the tax parcel number, the grantor and beneficiary paragraph and the date. Then come the signature, the notary acknowledgment and Exhibit A with the legal description.
The screenshots under each step show the FormsPal Indiana transfer-on-death deed template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.
After you fill out the deed, you sign it and record it. Recording is the step that matters most. If the deed is not recorded in the county where the property is situated before the owner dies, it is void.[1.2]
An Indiana transfer on death deed is a deed recorded during the owner's life that passes real property at death. The answers below cover recording, revoking, trusts, delivery and joint tenancy, each taken from Ind. Code § 32-17-14-11 or § 32-17-14-16(a).
Yes. A transfer on death deed is void if it is not recorded with the recorder of deeds in the county in which the real property is situated before the death of the owner.[1.2]
Yes. A beneficiary designation may be revoked or changed during the lifetime of the owner.[1.1]
Yes. A transfer on death deed may be used to transfer an interest in real property to either a revocable or an irrevocable trust.[1.2]
No. A transfer on death deed is not required to be supported by consideration or delivered to the grantee beneficiary.[1.2]
If the owner holds the property as a joint tenant with rights of survivorship, three rules apply:
General information, not legal or tax advice.
