A valid deed in Indiana has to do two things: transfer ownership on its face, and qualify to be entered in the public record. That means the document must name the grantor and grantee, describe the property by legal description, use words of conveyance, be signed by the grantor, and carry a notarial acknowledgment. Before the county recorder will accept it, the parties also have to file a sales disclosure form and get the county auditor’s endorsement. Miss any of these Indiana deed requirements and the transfer either fails outright or sits unrecorded, which under Indiana’s race-notice system can cost the new owner their priority against a later buyer.
What the Deed Itself Must Contain
Indiana’s Statute of Frauds requires any contract for the sale of land to be in writing and signed by the party to be bound.1Indiana General Assembly. Indiana Code 32-21-1-1 – Requirement of Written Agreement; Agreements or Promises Covered A deed satisfies that requirement, but only if several other elements are in place.
The deed must clearly identify the grantor (the person transferring the property) and the grantee (the person receiving it). Both names have to appear consistently throughout the document, in the body, the acknowledgment, the signature line, and the printed name beneath the signature. Any mismatch is grounds for the recorder to reject the instrument.2Indiana General Assembly. Indiana Code 36-2-11-16 – Requirements for Instruments to Be Received and Recorded
The property has to be identified by a legal description. A street address is not enough. Indiana uses two main methods. Platted subdivisions use a lot-and-block reference tied to a recorded plat map. Rural or unplatted land typically uses a metes-and-bounds description, tracing the boundary from a starting point through compass headings and distances back to the point of beginning. A small error in a metes-and-bounds trace can move a boundary significantly, so the description on the deed should be checked against the most recent survey before closing.
The grantor has to sign, and the language of the deed has to show clear intent to convey. Warranty deeds use phrasing along the lines of “convey and warrant.” Quitclaim deeds use “release and quitclaim.” The specific words matter because they set the covenants the grantor is making about the title.
Notarial Acknowledgment
Every deed being recorded must carry a notarial acknowledgment or proof of execution. The acknowledgment can be taken by a notarial officer or a remote notary public.3Indiana General Assembly. Indiana Code 32-21-2-3 – Notarial Acts; Recording Requirements The notary’s name must be legibly printed or stamped beneath their signature.2Indiana General Assembly. Indiana Code 36-2-11-16 – Requirements for Instruments to Be Received and Recorded An unacknowledged deed may still bind the parties to each other, but the recorder will refuse it, leaving the grantee exposed if someone else later claims the property.
Choosing the Right Type of Deed
The type of deed you use determines how much protection the grantee has if a title problem surfaces later. Using the wrong type can leave one side with unexpected liability and the other with no recourse.
General Warranty Deed
A general warranty deed gives the grantee the strongest protection. The grantor covenants that they are lawfully in possession, that they have the right to convey, that the property is free from encumbrances, that the grantee will have undisturbed possession, and that the grantor will defend the title against all claims. These covenants reach back through the entire history of the property, not just the grantor’s ownership. If a defect surfaces from decades earlier, the grantor who signed a general warranty deed remains liable. This is the standard deed for residential purchases in Indiana.
Special Warranty Deed
A special warranty deed narrows that liability. The grantor guarantees only that no title problems arose during their own ownership. Anything predating their acquisition is not their responsibility. These are common in commercial transactions, bank-owned sales, and transfers from estates where the seller has limited knowledge of the property’s earlier history.
Quitclaim Deed
A quitclaim deed transfers whatever interest the grantor holds, without any guarantee that the interest exists or is clean.4Indiana General Assembly. Indiana Code 32-17-2-2 – Deed of Release or Quitclaim The grantee takes the risk. Quitclaims are typically used between family members, between spouses in a divorce, to clear a cloud on title, or to move property into a trust. Title insurers generally will not issue a policy based on a quitclaim alone, so a grantee accepting one is accepting the property as-is from a title standpoint.
Transfer on Death Deed
A transfer on death deed is a separate instrument that designates a beneficiary to take the property automatically at the owner’s death, outside probate. It has to be executed and recorded before the owner dies, or it is void. It is not a substitute for a conveyance deed during the owner’s lifetime, and if the property is held by a married couple as tenants by the entirety, both spouses have to sign or the deed is void.5Indiana General Assembly. Indiana Code 32-17-14-11 – Transfer on Death Deeds
How to Record the Deed
Indiana is a race-notice state. An unrecorded conveyance is “fraudulent and void” against a later good-faith purchaser who pays value and records first.6Indiana General Assembly. Indiana Code 32-21-4-1 – Conveyances and Mortgages; Recording in County Where Located; Priority of Documents Recording promptly is how a grantee secures priority against everyone else.
The deed has to be recorded in the recorder’s office of the county where the property sits.6Indiana General Assembly. Indiana Code 32-21-4-1 – Conveyances and Mortgages; Recording in County Where Located; Priority of Documents Two other stops come first.
Sales Disclosure Form
Before the deed can go to the auditor, all parties to the transfer must complete and sign a sales disclosure form. It goes first to the county assessor, who reviews it for accuracy and completeness and stamps it as eligible for filing. Only then can it be submitted to the auditor with the deed.7Indiana General Assembly. Indiana Code 6-1.1-5.5-3 – Sales Disclosure Form Filing and Review If the parties disagree on the information, each side can sign and file a separate form. Instructions are published by the Indiana Department of Local Government Finance.8IN.gov. Sales Disclosure Form Instructions
County Auditor’s Endorsement
The recorder cannot accept a deed, conveyance of land, or transfer on death deed unless the county auditor has first endorsed it as “duly entered for taxation” or “not taxable.”9Indiana General Assembly. Indiana Code 36-2-11-14 – Auditor’s Endorsement Required for Recording of Deed of Partition, Conveyance of Land, or Affidavits of Transfer to Real Estate; Violation The endorsement puts the property on the tax rolls under the new owner. A recorder who accepts a deed without it faces a statutory penalty.
Recording Fees
The recording fee for a deed or other non-mortgage instrument is a flat $25. Mortgages are $55. Documents exceeding standard letter or legal size (8½ by 14 inches) are charged $25 for the first oversized page and $5 for each additional oversized page. Marion County charges $35 for standard instruments and $65 for mortgages.10IN.gov. IC 36-2-7-10 Recording Fees Indiana does not impose a state-level real estate transfer tax. Confirm current amounts with the county recorder before closing.
Formatting Rules That Get Deeds Rejected
Recorders enforce specific formatting standards, and a document that misses them will be handed back at the window. The main ones:
- Every signer’s name must appear identically in the body of the deed, in the acknowledgment, in the signature, and in the printed name beneath the signature.
- Every signature, including witnesses and the notary, must have the signer’s name legibly printed, typewritten, or stamped directly beneath it.
- If the instrument is a copy, it must be clearly marked “Copy.”
A deed that fails these requirements can still be recorded if it comes with an affidavit from someone with personal knowledge of the facts, identifying any signature that cannot be read or any name that does not appear as required.2Indiana General Assembly. Indiana Code 36-2-11-16 – Requirements for Instruments to Be Received and Recorded
What Can Invalidate a Deed Later
A deed can look properly executed and still be challenged. The recurring grounds are worth knowing.
Defective Legal Descriptions
A metes-and-bounds description that does not close back to its starting point, a reference to a nonexistent plat, or a description that names the wrong parcel can void the transfer. These errors often go undetected until a resale or a boundary dispute. Comparing the deed description against a current survey before closing is the single best safeguard.
Lack of Mental Capacity
The grantor must have the mental capacity to understand the nature and consequences of the transfer at the moment they sign. General cognitive decline alone does not automatically invalidate a deed, but if the grantor could not comprehend what they were signing, a court can set the transfer aside. The party challenging the deed carries the burden of proof.
Fraud, Duress, or Undue Influence
A deed signed under threat, through deception, or under pressure from someone in a position of trust can be voided. These claims most often involve elderly grantors and family members or caretakers. Courts look at whether the grantor had independent legal advice, whether the terms of the transfer were fair, and whether the grantor acted voluntarily.
Missing Spousal Signature
Property held by a married couple as tenants by the entirety cannot be conveyed by one spouse alone. A deed signed by only one spouse in that situation is void. The same rule applies to transfer on death deeds.5Indiana General Assembly. Indiana Code 32-17-14-11 – Transfer on Death Deeds Title companies and closing attorneys routinely check marital status and title vesting before closing for exactly this reason.