To file a quitclaim deed in Indiana, you prepare a deed containing the statutory quitclaim language and required disclosures, have the grantor sign it before a notary, obtain the county auditor’s endorsement, then record it with the county recorder in the county where the property sits. The recording fee is $25, and Indiana imposes no state-level real estate transfer tax. The paperwork is simple; the consequences are not, so it is worth understanding what the deed does and what it can trigger before you record it.
What a Quitclaim Deed Actually Transfers
A quitclaim deed transfers whatever interest the grantor holds at the moment of signing, with no promises about what that interest is. The grantor may own the property outright, hold a partial interest, or hold nothing. The grantee takes whatever exists, with no guarantee about title quality, liens, or competing claims.
That makes the quitclaim a poor tool for arm’s-length purchases and a practical one for transfers between people who already trust each other: adding or removing a spouse, moving property into a living trust, clearing a cloud on the title, or gifting property to a family member.
What the Deed Must Contain
Indiana law is specific about the contents of a recordable quitclaim deed. A missing element is a common reason a recorder rejects the document.
Names, Legal Description, and Parcel Number
List the full legal names of the grantor and grantee as they should appear in the chain of title. The grantor’s name should match the existing recorded deed. Use the precise legal description of the property, not the street address. The legal description defines boundaries using metes and bounds, lot and block numbers, or a government survey reference, and appears on the most recent recorded deed, the county assessor’s property record card, or your property tax bill.1indy.gov. Record Your Deed Include the auditor’s parcel number (sometimes labeled the tax identification number) so the property links cleanly to its tax records.
Statutory Quitclaim Language and Consideration
Indiana Code 32-21-1-15 requires that the deed be “worded in substance” so that the grantor “quitclaims to” the grantee, followed by a description of the property and “for the sum of” with the consideration amount.2Indiana General Assembly. Indiana Code 32-21-1-15 – Conveyances by Quitclaim The consideration line trips people up on gift transfers. Even when no money changes hands, you must state a consideration. Most gift deeds recite “$1.00 and other good and valuable consideration” or a similar nominal figure. A blank consideration line can make the deed deficient under the statute.
Prepared-By Statement and Social Security Number Affirmation
Every deed filed in Indiana must identify its preparer, typically as a line reading “Prepared by: [Name and Address].” The deed must also include this affirmation, word for word: “I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law.” The declarant’s name must be printed or typed below the affirmation.3Justia. Indiana Code Title 36, Article 2, Chapter 11 – County Recorder Recorders routinely reject deeds that omit or alter this language.
When You Need a Sales Disclosure Form
Indiana requires a Sales Disclosure Form (State Form 46021) for most conveyances, but not all quitclaim deeds trigger the requirement. Under Indiana Code 6-1.1-5.5, a “conveyance” is a transfer of real property for valuable consideration, and the statute specifically excludes “quitclaim deeds not serving as a source of title.”4Justia. Indiana Code Title 6, Article 1.1, Chapter 5.5 – Sales Disclosure Forms A quitclaim used to remove a name, add a spouse, or clear a title cloud generally does not require the form. A quitclaim that is the actual instrument transferring ownership to a new owner for consideration does.
When the form is required, all parties to the transfer sign it. Submit the completed form to the county assessor first for review and stamping, then file the stamped form with the county auditor. A separate form is needed for each parcel, unless you are transferring contiguous parcels within a single taxing district under one deed.5Indiana General Assembly. Indiana Code 6-1.1-5.5-3 – Sales Disclosure Form Filing The form is available through the Indiana Department of Local Government Finance.6Department of Local Government Finance. Sales Disclosure Form Information
Signing and Notarization
The grantor signs the deed, and the signature must be acknowledged or proved before a notarial officer. Indiana Code 32-21-2-3 requires any recorded instrument to carry either an acknowledgment (standard notarization) or a proof (a witness whose signature is itself notarized). Most people use the acknowledgment route, where the grantor signs in front of a notary who confirms identity. Indiana also permits remote notarization through a remote notary public.7Indiana General Assembly. Indiana Code 32-21-2-3 – Notarial Acts, Recording Requirements
The notary’s certificate must include the date of the notarial act, the notary’s signature, the expiration date of the commission, the official seal, and either the Indiana county of the commission or the county where the notary is primarily employed.8Indiana General Assembly. Indiana Code 33-42-9-12 – Authentication by Certificate, Requirements, Changes A certificate missing any of these elements will get the deed bounced at the recorder’s counter.9indy.gov. Document Recording Requirements and Fees The grantee does not sign the deed. If a Sales Disclosure Form is required, both parties sign that form separately.
Recording the Deed
Recording happens at two county offices in a set order.
Step One: County Auditor Endorsement
The auditor’s endorsement comes first. Indiana Code 36-2-11-14 bars the recorder from recording any conveyance of land unless the auditor has endorsed it as “duly entered for taxation.”10Indiana General Assembly. Indiana Code 36-2-11-14 – Auditors Endorsement Required for Recording of Deed At this stage the auditor processes the Sales Disclosure Form (if required) and updates the tax rolls. Some counties charge a small processing fee.
Step Two: County Recorder Filing
With the endorsement, take the deed to the recorder in the county where the property sits. Many counties accept in-person filings, mail submissions, and electronic recording through approved third-party vendors. The recorder checks formatting, notarization, and endorsement before accepting the document.
The recording fee for a deed is $25. Pages larger than 8.5 by 14 inches carry additional charges. Some counties have adopted supplemental recording fees (typically $10 per document) through local ordinance to fund affordable housing programs, so the counter total may be slightly higher depending on the county.11Indiana General Assembly. Indiana Code Title 36 Local Government 36-2-7-10 Indiana does not impose a state-level real estate transfer tax. Once the recorder accepts the deed, it is stamped with an instrument number, entered into the public record, and the original is returned to the grantee. Keep the recorded copy safe; it is your proof of ownership.
Why Recording Promptly Matters
A signed and notarized quitclaim deed is valid between grantor and grantee the moment it is delivered. Until it is recorded, though, the rest of the world does not know about it. If the grantor sells the same property to someone else before you record, and that buyer pays fair value without knowing about your deed, the later buyer can claim priority under the bona fide purchaser doctrine. Recording also protects the property against the grantor’s creditors. A judgment lien or tax lien that attaches after signing but before recording may not be defeated by your unrecorded deed. Indiana sets no statutory deadline, but every day of delay is a day something can go wrong.
Risks to Check Before You Record
A quitclaim deed can trigger consequences that have nothing to do with the recorder’s checklist. Work through these before you file.
Mortgage Due-on-Sale Clause
A quitclaim does not remove the mortgage. The loan stays in the original borrower’s name and the lender’s lien stays on the property. Most mortgages also contain a due-on-sale clause allowing the lender to demand full repayment when the borrower transfers any interest.
The federal Garn-St. Germain Act blocks enforcement of that clause on residential property with fewer than five units in several common situations, including transfers to a spouse or children, transfers under a divorce decree or property settlement, transfers into a living trust where the borrower stays a beneficiary and occupancy does not change, transfers by operation of law on the death of a joint tenant, and transfers to a relative after the borrower’s death.12Office of the Law Revision Counsel. 12 U.S. Code 1701j-3 – Preemption of Due-on-Sale Prohibitions Outside those categories, the lender can call the loan due. Check with the mortgage servicer before recording.
Title Insurance
Transferring by quitclaim can void the existing owner’s title insurance policy. Policies often continue coverage only while the insured retains liability through deed warranties. A quitclaim contains no warranties, which can terminate coverage. The grantee should consider a fresh title search and new owner’s policy. A quitclaim deed does nothing about liens, easements, or ownership disputes already sitting on the title, and buyers routinely assume it does.
Gift Tax Reporting and Cost Basis
The IRS does not care what type of deed you use; it looks at whether the transfer is a gift, a sale, or something between. A quitclaim for no consideration (or a nominal $1) is a gift. For 2026, the annual gift tax exclusion is $19,000 per recipient, or $38,000 for married couples electing to split gifts.13Internal Revenue Service. Frequently Asked Questions on Gift Taxes Because real property usually exceeds that figure, gifting a home typically requires filing IRS Form 709 for the year of transfer.14Internal Revenue Service. Instructions for Form 709 Filing does not mean owing tax; the excess counts against the lifetime gift and estate tax exemption, which is $15,000,000 for 2026.15Internal Revenue Service. Whats New – Estate and Gift Tax Transfers between U.S. citizen spouses are generally covered by the unlimited marital deduction and do not require a return.
The consequence that surprises people years later is basis. A gifted property carries the donor’s original cost basis, not its market value on the date of the gift. Parents who bought a house for $80,000 and put $20,000 into it, then quitclaim it to a child when it is worth $300,000, pass a $100,000 basis. A later sale at $300,000 produces a $200,000 taxable gain. Property inherited at death instead receives a stepped-up basis equal to fair market value on the date of death. Talk to a tax advisor before recording a gift deed.
Medicaid Look-Back Period
Transferring property for less than fair market value can jeopardize eligibility for Medicaid long-term care benefits. Indiana follows the federal 60-month look-back: when you apply for Medicaid nursing home coverage, the state reviews asset transfers made in the prior five years. A gift within that window triggers a penalty period of ineligibility, calculated by dividing the value of the transferred assets by the average monthly cost of nursing home care in Indiana. Some transfers are exempt, including transfers to a spouse, to a disabled child, of a home to a caregiver adult child who lived there for at least two years before institutional placement, and to a trust for a disabled person under 65. If Medicaid coverage is even a possibility in the next five years, talk to an elder law attorney before you sign.