Transfer on Death (TOD) Deeds in Allen County, Indiana

Last Updated: August 2026

A Transfer on Death (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 a properly prepared and recorded TOD deed can allow the property to transfer without going through probate for that real estate.

Quick Answer

An Allen County property owner can use a Transfer on Death deed to name a beneficiary who will receive the property after the owner’s death.

The deed must meet Indiana legal requirements and be recorded with the Allen County Recorder before the owner’s death.

Visit the Allen County Recorder

Allen County Recorder: 260-449-7165

What Is a Transfer on Death Deed?

A Transfer on Death deed allows you to designate one or more beneficiaries to receive your real estate when you die.

During your lifetime:

You remain the property owner
The beneficiary doesn’t own the property yet
You can generally sell the property
You can mortgage the property
You can change the beneficiary
You can revoke the TOD designation

The transfer doesn’t occur until the owner’s death.

Why Use a TOD Deed?

One of the main reasons people use a TOD deed is to make transferring real estate after death simpler and potentially avoid probate for the property.

A TOD deed may be useful for someone who wants to:

Leave a home to a child
Leave property to multiple beneficiaries
Keep control of the property while alive
Avoid adding another person as a current co-owner
Simplify transfer of the real estate after death

However, whether a TOD deed is appropriate depends on your individual estate and family circumstances.

Does the Beneficiary Own the Property Now?

No.

Naming someone as the beneficiary of a TOD deed doesn’t make that person a current owner.

The owner keeps control during their lifetime.

This is an important difference between a TOD deed and adding someone directly to the property’s current deed.

Can You Change Your Mind?

Generally, yes.

A Transfer on Death designation is revocable during the owner’s lifetime.

Depending on the situation, the owner may:

Change beneficiaries
Revoke the designation
Sell the property
Transfer the property another way

Any change or revocation needs to comply with Indiana law.

Does a TOD Deed Avoid Probate?

A properly executed and recorded TOD deed can allow the real estate to pass directly to the named beneficiary at death rather than through probate.

However, a TOD deed doesn’t avoid probate for everything you own.

It applies to the property covered by the TOD designation.

Other assets may still require probate depending on how they’re owned and whether other beneficiary arrangements exist.

Where Is the Deed Recorded?

A TOD deed involving Allen County real estate is recorded with the:

Allen County Recorder
Rousseau Centre
1 E. Main Street, Suite 100
Fort Wayne, IN 46802
Phone: 260-449-7165

Visit the Allen County Recorder

The document should be recorded before the property owner’s death.

What Information Is Needed?

A TOD deed generally needs information such as:

Current property owner
Legal description of the real estate
Beneficiary information
Proper TOD language
Required signatures
Notarization
Other information required for Indiana deeds and recording

A street address alone is not a substitute for the property’s legal description.

You can often find the legal description on an existing deed.

Where Can I Find My Current Deed?

Allen County recorded documents can be searched through the Recorder’s Office.

Search Allen County Recorded Documents

Your existing deed can help provide:

Current ownership
Legal description
Recording information
Prior deed information

Does the Recorder Prepare TOD Deeds?

No.

The Allen County Recorder records documents but doesn’t provide legal advice or prepare legal documents for property owners.

A TOD deed affects ownership of real estate after death, so errors can have significant consequences.

If you’re unsure how the deed should be prepared, consider consulting an Indiana estate-planning or real-estate attorney.

What Happens After the Owner Dies?

The beneficiary doesn’t simply become the official owner the moment someone reports the death.

Additional documents and recording steps are generally required to establish the transfer after the owner’s death.

The beneficiary may need documents such as:

Certified death certificate
Affidavit or other transfer documentation
Property information
Identification
Other documents required under Indiana law

The exact requirements depend on the circumstances.

Contact the Recorder or an attorney before preparing post-death documents.

What If There Are Multiple Beneficiaries?

Indiana law allows TOD arrangements involving more than one beneficiary, but how the beneficiaries receive ownership matters.

Issues can arise involving:

Percentage ownership
Beneficiary who dies before the owner
Multiple family members
Successor beneficiaries
Existing mortgages
Jointly owned property

This is an area where legal advice can be particularly useful.

What About a Mortgage?

A TOD deed doesn’t automatically eliminate a mortgage, lien or other obligation attached to the property.

The beneficiary generally receives the property subject to applicable interests and obligations.

Don’t assume a TOD designation makes the property debt-free.

TOD Deed vs. Adding Someone to Your Deed

These are very different approaches.

TOD Deed: Beneficiary generally receives no ownership interest until your death.

Adding Someone to the Current Deed: Gives that person an ownership interest while you’re still alive.

Adding someone as a current owner can affect:

Your control of the property
Creditors
Taxes
Sale of the property
Estate planning
Medicaid planning

Don’t add someone to a deed simply because you’re trying to avoid probate without understanding the consequences.

TOD Deed vs. Will

A will can state who should receive property after death, but property passing under a will may still need to go through probate.

A properly structured TOD deed allows the designated real estate to transfer outside the probate process.

A TOD deed isn’t necessarily a replacement for a will or broader estate plan.

Before Recording a TOD Deed

Before proceeding:

Check the current deed.
Confirm exactly how the property is titled.
Obtain the correct legal description.
Decide who should receive the property.
Consider what happens if a beneficiary dies first.
Consider existing mortgages or liens.
Make sure the document complies with Indiana law.
Record the document before the owner’s death.
Keep a copy of the recorded document.

Local Tip

Don’t confuse a TOD deed with simply adding your child or another beneficiary to your current deed. A TOD designation lets you keep ownership and control during your lifetime, while the beneficiary’s interest takes effect at death.

Because a mistake in the deed may not become obvious until after the owner has died, it’s worth having the document prepared or reviewed correctly before it is recorded.

Frequently Asked Questions

What does TOD mean on a deed?

TOD means Transfer on Death.

Does the beneficiary own my property while I’m alive?

No. A TOD beneficiary generally doesn’t receive ownership until the owner’s death.

Can I change the beneficiary?

Generally, yes. A TOD designation is revocable during the owner’s lifetime, provided the change is made according to Indiana law.

Does a TOD deed avoid probate?

A properly prepared and recorded TOD deed can allow the designated real estate to transfer outside probate.

Where do I record a TOD deed in Allen County?

Record it with the Allen County Recorder’s Office at 1 E. Main Street, Suite 100, Fort Wayne.

Official Resources

Allen County Recorder
Rousseau Centre
1 E. Main Street, Suite 100
Fort Wayne, IN 46802
Phone: 260-449-7165

Summary

A Transfer on Death (TOD) deed allows an Allen County property owner to name a beneficiary to receive real estate after the owner’s death while keeping control of the property during their lifetime. A properly prepared and recorded TOD deed can avoid probate for the designated real estate, but it must comply with Indiana law and be recorded before the owner’s death. The Allen County Recorder records TOD deeds but does not prepare the legal document or provide legal advice.