Free Indiana Affidavit of Death

In Indiana, a surviving joint owner records the “Affidavit concerning the death of a party named in an instrument affecting real property”; a transfer on death deed beneficiary records the “Affidavit filed by the transfer on death deed beneficiary on the death of the owner”.

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Who may sign in Indiana: Not stated; IC 36-2-11-19 names no affiant for an affidavit concerning the death of a party named in an instrument affecting real property.

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The state whose land records the affidavit is recorded in. Only states where this tool prepares the affidavit are listed.

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Joint ownership with right of survivorshipTransfer on death deed

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The “Affidavit concerning the death of a party named in an instrument affecting real property”: Indiana law lets an affidavit concerning the death of a person named in an instrument affecting real property be recorded with the county recorder. Recording is optional, and the recorded affidavit is prima facie evidence of the death. A surviving joint owner records it with the county recording office, and the prepared document is laid out for recording.

Who may sign, in the statute's words: Not stated; IC 36-2-11-19 names no affiant for an affidavit concerning the death of a party named in an instrument affecting real property. The affidavit is sworn before a notary public, who completes the jurat. Indiana's recording law requires an acknowledgment on a recorded instrument, so the document carries the acknowledgment certificate beside the jurat.

It states: the death of the deceased owner; the deceased owner as a party named in an instrument affecting the real property.

Recording is not a condition of the transfer: title passed at the death under the instrument.

The “Affidavit filed by the transfer on death deed beneficiary on the death of the owner”: After an Indiana transfer on death deed owner dies, the beneficiary files an affidavit, endorsed by the county auditor, with the county recorder. The transfer stands without it, but until it is recorded the beneficiaries and the estate are jointly and severally liable for the property taxes. Who signs: The beneficiary of the transfer on death deed. The document is prepared on that basis as well.

The Affidavit of Death in Indiana

When a joint owner dies in Indiana, the land records still show the deceased owner. What a surviving joint owner records: the “Affidavit concerning the death of a party named in an instrument affecting real property”. What it does: Indiana law lets an affidavit concerning the death of a person named in an instrument affecting real property be recorded with the county recorder. Recording is optional, and the recorded affidavit is prima facie evidence of the death. It goes to the county recording office.

What the statute has it state: the death of the deceased owner; the deceased owner as a party named in an instrument affecting the real property.

Recording is not a condition of the transfer; title passed at the death under the instrument, and the affidavit puts the death on the record.

A transfer on death deed beneficiary records the “Affidavit filed by the transfer on death deed beneficiary on the death of the owner”: After an Indiana transfer on death deed owner dies, the beneficiary files an affidavit, endorsed by the county auditor, with the county recorder. The transfer stands without it, but until it is recorded the beneficiaries and the estate are jointly and severally liable for the property taxes. The document is prepared on that basis as well.

SimplyTrust Editorial·Updated October 26, 2026

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Data sourced from Indiana statutes and official state code. How we research.

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Free Indiana Affidavit of Death

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The Affidavit of Death in Indiana

What the statute has it state: the death of the deceased owner; the deceased owner as a party named in an instrument affecting the real property.

Recording is not a condition of the transfer; title passed at the death under the instrument, and the affidavit puts the death on the record.

Free Indiana Affidavit of Death

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Free Indiana Affidavit of Death

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