What Do I Need to Sign My TOD Deed in Indiana?
In Indiana, a transfer on death deed is signed before a notaryIC 32-17-14-1 to 32-17-14-32Verified Oct 18, 2026View source, then recorded with the county before the owner's deathIC 32-17-14-1 to 32-17-14-32Verified Oct 18, 2026View source.
No. Indiana does not require witnesses for a TOD deedIC 32-17-14-1 to 32-17-14-32Verified Oct 18, 2026View source.
Yes. Indiana requires notarization for a TOD deed to be validIC 32-17-14-1 to 32-17-14-32Verified Oct 18, 2026View source.
Yes. A TOD deed can be executed entirely remotely in Indiana: the signing happens in a live video session with an online notary, with no witnesses in the sessionIC 33-42-17Verified Sep 9, 2026View source.
To execute a TOD deed in Indiana: Schedule a notary appointment (in-person or online via RON). Record the deed before death with the County Recorder. Include a legal description of the property. Sign remotely in a live video session with an online notary
No. A TOD deed works by being recorded against a specific parcel, so the deed must be a Indiana TOD deed recorded in the Indiana county where the property sits. A TOD deed signed in another state cannot transfer Indiana real property, however it was executed; real estate in more than one state needs a deed for each parcel. The Indiana document portability tool carries the recognition rule by document type.
Is this your situation?
Get a complete guide for your specific circumstances.
Serious Diagnosis
A serious diagnosis changes priorities. Healthcare proxies, financial powers of attorney, and the documents that ensure your wishes are honored.
Learn more
Moving to a New State
State laws vary significantly for wills, trusts, and powers of attorney. What to review after relocating to make sure your estate plan still works.
Learn more
Divorce
What divorce does and does not undo: beneficiary designations, your will, powers of attorney, and the one account your ex stays on until you change it.
Learn moreForms for Planning Your Estate in Indiana
Free forms for planning your estate in Indiana: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Last Will and Testament
In Indiana, a will is signed before 2IC 29-1-5-2; IC 29-1-5-3Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyIC 29-1-5-2; IC 29-1-5-3Verified Oct 18, 2026View source.
Codicil to a Will
In Indiana, a codicil is signed before 2IC 29-1-5-2; IC 29-1-5-3Verified Oct 18, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimonyIC 29-1-1-3(a)(38); IC 29-1-5-3.1Verified Oct 25, 2026View source.
Healthcare Power of Attorney
Indiana allows a choice for a healthcare power of attorney: 2IC § 16-36-7-30 (sample forms; not mandatory)Verified Oct 15, 2026View source witnesses or a notary.
HIPAA Release
In Indiana, a HIPAA release names who may receive your records and, as the state requires, names HIV/AIDS-related information and mental health recordsIC 16-41-8-1(b), (b)(2) (Ind. Code Title 16, Art. 41, Ch. 8); IC 16-39-2-3, IC 16-39-2-5, IC 16-39-2-9(a)(2) (Ind. Code Title 16, Art. 39, Ch. 2)Verified Jun 19, 2026View source expressly before a provider releases them.
Financial Power of Attorney
Indiana treats a power of attorney as durable by defaultIC 30-5-2-2, IC 30-5-2-6, IC 30-5-3-2, IC 30-5-3-3, IC 30-5-3-6, IC 30-5-4-1, IC 30-5-4-1.3, IC 30-5-4-1.5, IC 30-5-4-1.7, IC 30-5-4-2, IC 30-5-5-14.5, IC 30-5-6-1, IC 30-5-8-2, IC 30-5-8-7, IC 30-5-8-8, IC 30-5-9-9, IC 30-5-10-3, IC 30-5-11-4, IC 30-5-11-4.5Verified Sep 18, 2026View source, and it is signed before 2IC 30-5-2-2, IC 30-5-2-6, IC 30-5-3-2, IC 30-5-3-3, IC 30-5-3-6, IC 30-5-4-1, IC 30-5-4-1.3, IC 30-5-4-1.5, IC 30-5-4-1.7, IC 30-5-4-2, IC 30-5-5-14.5, IC 30-5-6-1, IC 30-5-8-2, IC 30-5-8-7, IC 30-5-8-8, IC 30-5-9-9, IC 30-5-10-3, IC 30-5-11-4, IC 30-5-11-4.5Verified Sep 18, 2026View source witnesses or a notary.
Transfer on Death Deed
In Indiana, a transfer on death deed is signed before a notaryIC 32-17-14-1 to 32-17-14-32Verified Oct 18, 2026View source, then recorded with the county before the owner's deathIC 32-17-14-1 to 32-17-14-32Verified Oct 18, 2026View source. Indiana does not recognize a Lady Bird deed.
Vehicle Transfer on Death
Indiana allows a transfer-on-death beneficiary designation on a vehicle titleIC 9-17-3-9 (Transfer on death conveyance; requirements — vehicle-specific); IC 32-17-14 (Transfer on Death Property Act), applied to vehicles by IC 32-17-14-2(e) "Subject to IC 9-17-3-9(g)"Verified Oct 21, 2026View source, filed through the Indiana Bureau of Motor Vehicles (BMV).
Living Will
In Indiana, the living will is the Living Will DeclarationInd. Code ch. 16-36-4 (§§ 16-36-4-0.1 to 16-36-4-21)Verified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.
Tools for Planning Your Estate in Indiana
Free tools for planning your estate in Indiana: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
Will My Estate Documents Transfer?
Indiana recognizes a will signed under the law of the place where it was signedIC 29-1-5-5Verified Oct 18, 2026View source; a will signed in Indiana itself needs 2IC 29-1-5-2; IC 29-1-5-3Verified Oct 18, 2026View source witnesses, and notarization is not requiredIC 29-1-5-2; IC 29-1-5-3Verified Oct 18, 2026View source.
Trust or Will: Which Costs Less?
In Indiana, a will-based plan pays probate attorney fees of typically 1.8%Modeled estimate under IC 29-1-10-13 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.8%Modeled estimate under IC 29-1-10-13 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in Indiana runs $2,720Estimate: 10 hours at $272, Clio's Indiana Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $4,080Estimate: 15 hours at $272, Clio's Indiana Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
How Much Does a Will Cost?
An attorney-prepared will in Indiana runs $945Estimate: 3 hours at $315, Clio's Indiana Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,890Estimate: 6 hours at $315, Clio's Indiana Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $24,871IC 29-1-10-13 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source.
How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
How Do I Name a Guardian for My Minor Children?
In Indiana, a parent names a guardian for a minor child in a will or a separate signed writingInd. Code §§ 29-3-5-4(a)(2)–(a)(4), 29-3-5-5(a)(2), (a)(6); 29-3-3-7; 30-5-3-4(b)Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18Ind. Code § 1-1-4-5(a)(1), (a)(8)Verified Sep 15, 2026View source.
Do I Need a Revocable Trust?
Probate in Indiana takes 6 months to 9 months for a simple estate and charges attorney fees of typically 1.8%Modeled estimate under IC 29-1-10-13 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.8%Modeled estimate under IC 29-1-10-13 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
How Do I Avoid Probate?
In Indiana, a home with a transfer on death deedIC 32-17-14-1 to 32-17-14-32Verified Oct 17, 2026View source, a payable on death accountIC 32-17-14-15(d)Verified Nov 1, 2026View source, life insuranceIC 32-17-11-28(a)Verified Nov 1, 2026View source with a named beneficiary and a vehicle with a transfer on death designationIC 9-17-3-9 (Transfer on death conveyance; requirements — vehicle-specific); IC 32-17-14 (Transfer on Death Property Act), applied to vehicles by IC 32-17-14-2(e) "Subject to IC 9-17-3-9(g)"Verified Oct 21, 2026View source pass outside probate, as does property in a revocable trust; what is left is the probate estate.
When you're ready, we're here.
Indiana Estate Planning Resources
In-depth guides covering Indiana probate laws, trust requirements, and estate planning strategies.