Hamilton County Transfer on Death Deeds (TOD)
Last Updated: August 2026
A Transfer on Death Deed, often called a TOD deed, allows an Indiana property owner to name who will receive real estate after the owner’s death. The owner keeps control of the property during their lifetime, and the transfer generally occurs outside of probate.
Quick Answer
A Transfer on Death Deed can be used to leave Hamilton County real estate to a named beneficiary while allowing the current owner to keep full ownership during their lifetime.
A TOD deed must be properly prepared, signed, notarized and recorded before the owner’s death to be effective.
Hamilton County real estate documents are recorded with the Hamilton County Recorder’s Office.
How a Transfer on Death Deed Works
With a TOD deed:
- You remain the property owner during your lifetime.
- The beneficiary doesn’t receive ownership simply because the deed is recorded.
- You can generally sell or otherwise transfer the property during your lifetime.
- The transfer occurs after your death if the TOD deed remains effective.
A TOD deed can be useful as part of an estate plan, but it isn’t appropriate for every situation.
Recording a TOD Deed in Hamilton County
Hamilton County requires deeds to meet Indiana recording requirements.
The county’s Recorder lists a $25 recording fee for deeds and other instruments and specifically notes that Transfer on Death deeds are reviewed by the Hamilton County Auditor’s Office, where additional fees may apply.
Hamilton County Auditor – Real Property Department
33 N. 9th Street
1st Floor, Southwest Corner
Noblesville, IN 46060
Phone: 317-770-4412
The county recommends professional assistance from an attorney or title company when transferring property. County staff do not prepare legal documents.
Preparing the Deed
A deed submitted for recording must meet Indiana and Hamilton County requirements.
Depending on the document, requirements can include:
- Proper owner names
- Complete legal description
- Required signatures
- Notarization
- Required preparer and affirmation statements
- Tax mailing information
- Proper formatting
Hamilton County’s Recorder provides current requirements on its Preparing Documents for Recording page.
Because a TOD deed affects legal ownership of real estate, consider having an Indiana attorney prepare or review it.
What Happens After the Owner Dies?
The beneficiary doesn’t simply change the property record automatically.
Indiana law requires additional documentation after the owner’s death. The beneficiary generally must file an affidavit with the Recorder in the county where the real estate is located.
The affidavit includes information such as the property description, owner’s date of death, beneficiaries and a reference to the previously recorded TOD deed. It must also receive the required County Auditor endorsement.
TOD Deed vs. Regular Deed
A regular deed usually transfers an ownership interest when the deed becomes effective.
A TOD deed names who should receive the property after the owner’s death, while allowing the owner to retain the property during their lifetime.
If you’re researching the current deed or ownership of a Hamilton County property:
Local Tips
- Don’t use a generic online TOD deed without checking Indiana requirements.
- Use the legal description from the current recorded deed, not simply the property-tax bill.
- Make sure the deed is properly recorded — signing a document and keeping it at home isn’t the same as recording it.
- Remember that additional paperwork is required after the owner’s death.
- Consider an attorney if there are multiple beneficiaries, mortgages, trusts or complicated family circumstances.
- Keep a copy of the recorded TOD deed with your important estate-planning documents.
Frequently Asked Questions
Does Indiana allow Transfer on Death deeds?
Yes. Indiana law allows real estate owners to use Transfer on Death deeds.
Does a TOD deed give the beneficiary ownership immediately?
No. The owner retains the property during their lifetime. The TOD designation concerns what happens after the owner’s death.
Where is a Hamilton County TOD deed recorded?
With the Hamilton County Recorder after completing the required county processing.
Can the Recorder’s Office prepare a TOD deed for me?
No. Hamilton County states that county staff don’t prepare legal documents and recommends professional assistance for property transfers.
How can I check whether a TOD deed was recorded?
Recorded deeds are maintained by the Hamilton County Recorder.
Related Pages
→ Property Records
→ GIS Maps
→ Property & Taxes
Official Resources
Hamilton County Recorder’s Office
Recording information and services for deeds and other land records.
Hamilton County Recorder’s Office
Hamilton County Real Property Department
County requirements for processing deeds and property transfers.
Hamilton County Real Property Department
Hamilton County Recording Requirements
Requirements for preparing documents submitted to the Recorder.
Preparing Documents for Recording
Hamilton County Recording Fees
Current Recorder fees, including information specifically addressing TOD deeds.
Summary
An Indiana Transfer on Death Deed can allow Hamilton County real estate to pass to a named beneficiary after the owner’s death without giving the beneficiary present ownership while the owner is alive.
Because a TOD deed affects both real-estate ownership and estate planning, make sure it is prepared and recorded correctly. More complicated situations involving multiple owners, beneficiaries, liens or estate-planning concerns may be worth reviewing with an Indiana attorney.