317-426-9334             445 N. Pennsylvania St., Indianapolis, IN   46204

Non-Probate Transfer of Real Estate

TOD Deeds


In 2009, in the state of Indiana, legislation was passed that allows real estate owners  to  name  who  they  want  to  inherit  their  property  after  they  die  without having  to  create  a  will.  If  properly  signed  and  recorded,  this  new  document, called a transfer on death (or TOD) deed, will allow the real estate described in the deed to pass to the named beneficiaries outside of the probate process. This has a big effect on families who wish to pass property to their children without the delay and expense of probate, and on unmarried life partners who wish to pass  their  property  onto  their  partner  when  they  die.


Because  the  state  of Indiana does not recognize unmarried couples as "family" with inheritance rights unless  made legal  through  a domestic  partnership  agreement, wills and other documents, it is crucial to hire an attorney who has compassion and experience in working with the estate planning process. Indianapolis estate planning lawyer Barbara J. Baird has the experience and the foresight to guide you through the entire process in as trouble-free a fashion as possible.


In order to avoid the complex and often messy process of probate during estate administration,  a  TOD,  or  transfer  on  death  deed,  can  go  far  in  making  the process much simpler for you or your loved ones. The TOD works by allowing the  current  owner  to  sign  a  new  deed  or  an  affidavit  that  states  who  should inherit the real estate after the current owner's death. Next, the TOD deed or affidavit  will  be  recorded  among  the  appropriate  land  records  in  the  county where the real estate is located. Then, after the owner dies, a death certificate or affidavit will need to be recorded among the same land records in order to show that the title to the real estate has been transferred into the names of the beneficiaries listed in the TOD deed due to the owner's death.


By hiring an experienced attorney like Barbara Baird to help you with this process, the transfer of property can be very smooth and simple.  It's not difficult to get hung up in the Indiana court system for a very long time.


If  the  current  owner  wants  to  name  different  beneficiaries,  then  that  current owner can sign and record a new TOD deed or affidavit without the participation of the existing TOD beneficiaries.  As a resident of the state of Indiana, the laws that regulate the transfer of property can have a hugely negative effect on your loved ones' lives if your estate has not been carefully planned.








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Barbara J. Baird Attorney at Law

445 N. Pennsylvania St

Indianapolis, IN   46204


© Copyright 2018 Barbara J. Baird  |  advertising material

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