how to transfer ownership of property without a lawyer in indiana

by Stacy Howe 5 min read

How do you transfer ownership of a house in Indiana?

This type of deed may be called a special warranty deed or a limited warranty deed. Quit Claim Deed Form – Provides no warranty of title....Transferring Indiana real estate usually involves four steps:Locate the prior deed to the property. ... Create the new deed. ... Sign the new deed. ... Record the original deed.

How much does it cost to transfer a deed in Indiana?

Submit your document Marion County Assessor: $10.00 per parcel per document; AND $20.00 for each Sales Disclosure, if required. Marion County Recorder: $35.00 per document. The Assessor is responsible for transferring property in Marion County. The transfer stamp from their office is required before it can be recorded.

Who can prepare a deed in Indiana?

Signing (IC § 32-21-2-3) – All deed must be executed by one of the following: judge, clerk of a court of record, county auditor, county recorder, notary public, mayor of a city in Indiana or any other state, commissioner appointed in a state other than Indiana by the governor of Indiana, clerk of the city county ...Jan 5, 2022

What is the procedure for transfer of property?

The most common way of property transfer is through a sale deed. A person sells a property to another person, and then a sale deed is executed between the two parties. Once the sale deed is enlisted in sub-registrar office, the ownership gets transferred to the new owner.Dec 7, 2020

Can you transfer title deeds without a lawyer?

Do I need a solicitor to transfer ownership of a property? It's possible to change the names on title deed yourself without help from anyone else. You simply need to complete the right forms and pay any fee.

How long does a transfer deed take?

four to six weeksIt usually takes four to six weeks to complete the legal processes involved in the transfer of title.

What is a quit claim deed in Indiana?

An Indiana quitclaim deed is a document that allows a seller to transfer real estate to a buyer in Indiana. A quit claim does not have any warranties as to title, meaning the seller is not guaranteeing that he or she has clear title to the property.

Who has the deeds to your property?

This is usually the solicitor or conveyancer acting on behalf of the buyer. So, if you're trying to track down your original deeds, they could be with the solicitor who acted for you when you bought the property, or possibly with your mortgage company if you have a mortgage.Feb 19, 2018

How do I remove a name from a deed in Indiana?

The only way to forcibly change the ownership status is through a legal action and the resultant court order. However, if an owner chooses to be removed from the deed, it is simply a matter of preparing a new deed transferring that owner's interest in the property.Mar 12, 2019

Who can transfer property?

A conveyance deed is executed to transfer title from one person to another. Generally, an owner can transfer his property unless there is a legal restriction barring such transfer. Under the law, any person who owns a property and is competent to contract can transfer it in favour of another.Feb 13, 2011

How do I transfer property to a family member?

Gifting property to family members with deed of giftThe owner should be of sound mind and acting of their own free will.Independent legal advice should be sought before commencing with a deed of gift.The property in question should have no outstanding debts secured against it.More items...

How many types of property transfers are there?

The Transfer of Property Act talks about six types of property transfers: Sale. Lease. Mortgage.Feb 16, 2022

What is a grant deed?

A grant deed transfers ownership from the grantor to the grantee. With this deed, the grantor guarantees that the title has not been transferred previously and that no encumbrances attach to the property other than those specified in the deed.

What is warranty deed in Indiana?

A warranty deed is guarantees that a title is good and marketable without any liens or encumbrances. The following are types of warranty deeds available in Indiana: Some deeds do not convey a warranty with the title. they are considered special or limited warranty deeds.

What is a quitclaim deed?

Quitclaim Deed. A quitclaim deedconveys the grantor's ownership without any warranties or guarantees that title is good or that the property is free of liens or claims. A quitclaim deed is used mostly in non-sale transactions.

What happens when a mortgage is paid in full?

Once the loan is paid in full, the title is then transferred to the borrower.If the borrower defaults, the trustee may sell the property at a foreclosure auction and pay the lender the proceeds of the sale.

What is warranty deed?

The general warranty deed promises that no unmentioned lienholders exist who might have claims to the property; it means the owner is free to sell the home . Warranty deeds are used in “arm’s length” transactions — between people who don’t know each other apart from the real estate deal.

How to get a copy of a deed to a house?

Retrieve your original deed. If you’ve misplaced your original deed, get a certified copy from the recorder of deeds in the county where the property is located. You’ll need to know the full name on the deed, the year the home was last bought, and its address. Expect to pay a fee for a copy of the deed.

Can you transfer a deed without a lawyer?

A deed, of course, is a legal document representing property ownership. But you might be wondering if an owner can transfer a deed to another person without a real estate lawyer. The answer is yes. Parties to a transaction are always free to prepare their own deeds. If you do so, be sure your deed measures up to your state’s legal regulations, ...

What is the difference between a deed and a title?

While a deed evidences the transfer of property, a title states how the ownership is held. The title sets forth the capacity of an owner to offer an interest in the home as collateral for mortgages, and to transfer the whole interest, or a portion of their property interest, to someone else in the future.

Can a will be written without a lawyer?

Wills, of course, are another way to transfer a deed, and a will can be written without a lawyer. A will is also a good way to pass a home on after death, to be sure an heir gets a stepped-up cost basis and receives a break on capital gains tax. But a will has no effect on deeds if their titles are vested in certain ways.

What is community property?

Community property: In community property states, spouses own the home 50-50. Each may leave their part in a will. Some states offer community property with survivorship rights, which avoids probate. A title may be in people’s names, or the name of a business.

Can a spouse leave a will?

Tenants by entirety: In states that allow this type of vesting, spouses may be able to keep creditors from placing liens on property for one owner’s debt without the co-owner’s consent.

Mission Statement

Indiana Legal Services uses the law to fight poverty, empower clients, and improve access to justice.

Support Us

Please consider donating to Indiana Legal Services. We are a not-for-profit corporation, and your donations are tax deductible to the extent allowable by law.

Twitter Feed

Hoosiers are facing eviction as COVID-19 rages on. At ILS, we're working to help those battling through these tough… https://t.co/tpz5uX3Wug

Mission Statement

Indiana Legal Services uses the law to fight poverty, empower clients, and improve access to justice.

Support Us

Please consider donating to Indiana Legal Services. We are a not-for-profit corporation, and your donations are tax deductible to the extent allowable by law.

Twitter Feed

Hoosiers are facing eviction as COVID-19 rages on. At ILS, we're working to help those battling through these tough… https://t.co/tpz5uX3Wug

What happens to property in joint tenancy?

Joint tenancy. Property owned in joint tenancy automatically passes to the surviving owners when one owner dies. No probate is necessary. Joint tenancy often works well when couples (married or not) acquire real estate, vehicles, bank accounts or other valuable property together.

Can you make a living trust in Indiana?

Living trusts. In Indiana, you can make a living trust to avoid probate for virtually any asset you own—real estate, bank accounts, vehicles , and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

Does a surviving owner have to be probated to transfer property?

If you own property jointly with someone else, and this ownership includes the "right of survivorship," then the surviving owner automatically owns the property when the other owner dies. No probate will be necessary to transfer the property, although of course it will take some paperwork to show that title to the property is held solely by the surviving owner.

Can you put money in a bank account in Indiana?

In Indiana, you can add a "payable-on-death" (POD) designation to bank accounts such as savings accounts or certificates of deposit. You still control all the money in the account—your POD beneficiary has no rights to the money, and you can spend it all if you want. At your death, the beneficiary can claim the money directly from the bank, without probate court proceedings.

Can you transfer stocks in Indiana?

Indiana lets you register stocks and bonds in transfer-on-death (TOD) form. People commonly hold brokerage accounts this way. If you register an account in TOD (also called beneficiary) form, the beneficiary you name will inherit the account automatically at your death. No probate court proceedings will be necessary; the beneficiary will deal directly with the brokerage company to transfer the account.

Does Indiana allow transfer on death?

Indiana allows transfer-on-death registration of vehicles. If you register your vehicle this way, the beneficiary you name will automatically inherit the vehicle after your death. No probate court proceeding will be necessary.

Can you leave a deed in Indiana?

Indiana allows you to leave real estate with transfer-on-death deeds, also called beneficiary deeds. You sign and record the deed now, but it doesn't take effect until your death. You can revoke the deed or sell the property at any time; the beneficiary you name on the deed has no rights until your death. Ind. Code. § 32-17-14-11.

What is transfer on death in Indiana?

In 2009, Indiana passed the Transfer on Death Property Act, which gave Indiana real property owners the ability to designate (but not complete) the transfer of real property to a beneficiary upon the owner’s death without the need for the probate process. The owner retains absolute control ...

What are the benefits of a transfer on death deed?

Some of the benefits include: Avoid probate – The limit for “small estates” (where no probate is required) in Indiana is currently $50,000. For most families, the home makes up the bulk of their assets.

Why do you need a living trust?

The primary reason for using a living trust is to avoid probate. Transfer on death deeds accomplish this without the need for maintenance. Problems with the “Old Way”—Inter Vivos Transfers. Prior to the Transfer on Death Property Act, property owners would often attempt to avoid the probate process by adding an adult child as a joint tenant ...

What is the basis of a beneficiary?

The beneficiary’s basis is the fair market value whenever he or she takes title to the property. This can potentially be a huge tax advantage. Avoid confusion – The beneficiary is clearly designated so there is no confusion as to who should get the property upon the owner’s death.

Can a beneficiary change before death?

The owner may change or revoke the designated beneficiary at any time before the owner’s death. If there is more than one beneficiary named, the owner may also designate how those beneficiaries will take ownership of the property (joint tenants with rights of survivorship, tenants in common, etc.). The requirements for a valid transfer on death ...

Family Property Transfer: Adding a Joint Owner

You add another family member to the deed as a joint owner of your home so that it will pass to them automatically upon your death.

Family Property Transfer: Gifting Real Estate

You give a piece of real estate property directly to your child or grandchild.

Find a tax pro near you

Your team of local small business certified tax professionals is ready to help. Let’s get you there.

How to transfer property to a child?

There are several ways for a parent to transfer property as a gift to children. They include: 1 Transfer by deed while living. 2 Transfer by deed while living, but allow parent to live in and sell while living (Lady Bird Deed). 3 Transfer by deed to child and parent as joint owners with rights of survivorship; child owns 100% upon death of parent. 4 Transfer by trust to child after death. 5 Transfer by will to child after death. 6 Transfer by intestate succession through probate -- no will.

Why is a will important?

Thus, a Will can be helpful to make sure any property not put into a Trust are still given to the right people that the parent chose to get those assets. A disadvantage of a Will is that, unlike any of the other above methods, the Will and its assets MUST go through probate.

What are the advantages and disadvantages of a child's property?

Another advantage is that the property does not need to go through probate upon the parent's death. The child already owns the property before the parent died. The main disadvantage is that the parent loses control of the real estate after gifting it to the child.

Can a parent transfer property to a revocable trust?

A parent can transfer their property from themselves, while living, to their Revocable Trust, and then direct in the Trust that, upon the parent's death, the property will be given to the child.

What is quit claim deed?

This is a regular quit claim deed, but it gifts the property from the parent, and to the child, while leaving the parent with a "life estate and absolute power to convey" the property during the parent's lifetime.

Do you have to go through probate for a trust?

Another advantage is that the trust and its assets, unlike a will, does NOT need to go through probate. The parent designates who they want to be the "Trustee" upon their death, and that Trustee then has the responsibility to give the property in the trust to the right people designated by the trust.

What happens to property after death?

Another advantage is that, upon death, the parent's rights of a life estate and power to sell are then automatically extinguished, leaving the entire property automatically in the ownership of the child. There does not need to be any trust, will, or probate process for the child to get the property.

image