What is a Transfer on Death Deed and How Does it Fit Into Your Estate Plan?
Author: Laura Ross
POST DATE: 2.4.26
A transfer on death deed can be a very helpful planning tool when designing an estate plan. Indiana is one of many states that allows the transfer of real property by a transfer on death deed.
The Basics: Transfer on Death Deed
The Transfer on Death Property Act, codified at Indiana Code 32-17-14 et. seq., creates a means to plan for the transfer of real property upon death that allows the grantor to transfer their interest in real property without probate.
Prior to the real property owner’s death, the transfer on death deed must: (1) be executed by the owner of the real property, or their legal representative, and (2) be recorded in the county where the real property is located. Indiana Code Section 32-17-14-11. The transfer on death deed does not need to be supported by consideration or delivered to the beneficiary. Upon the owner’s death, a properly-executed transfer on death deed will convey the real property to the beneficiary designated in the deed without probate administration. To learn more about what happens when a property owner or loved one dies without a will, please read this blog post.
Beneficiary Responsibility
The transfer on death deed designates a beneficiary, but does not actually complete the transfer of the real property to that beneficiary until the time of the owner’s death. The owner of the real property retains full control over the property during their lifetime, meaning the owner can still sell or encumber the property as usual. The owner also has the option to change or revoke the transfer on death deed at any time prior to their death. Additionally, the beneficiary has no responsibility for the property until after the owner’s death when the property is conveyed to that beneficiary. The beneficiary will receive an additional benefit of a step-up in basis, in addition to the grant of the real property. The basis for the beneficiary will be the fair market value of the real property upon the date of the owner’s death. To finalize the transfer, upon the death of the real property owner, the beneficiary of the transfer on death deed will need to record a simple Affidavit of Survivorship with the county recorder to complete the transfer of title of the property from the owner to the beneficiary.
Planning Ahead with Transfer on Death Deeds
A transfer on death (TOD) deed can be a powerful estate planning tool when the goal is to keep real property out of the probate process. When used thoughtfully, a TOD deed can work alongside a will or trust, and in some cases, can be used to transfer property directly into a revocable or irrevocable trust upon the owner’s death.
Choosing the right approach depends on your broader estate planning goals, including asset protection, efficiency, and long-term planning for your loved ones. When properly structured, these tools can simplify the transfer of property and provide peace of mind for the future.
At CCHA Law, our Estate Planning Group works closely with individuals and families to develop comprehensive estate plans tailored to their unique needs. From wills and trusts to transfer on death deeds and beyond, our experienced attorneys help clients put the right strategies in place.
Contact CCHA Law today to speak with one of our estate planning attorneys and take the next step toward protecting what matters most.
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