Indiana Affidavit of Surviving Spouse
County Specific Legal Forms Validated as recently as July 31, 2026 by our Forms Development Team
About the Indiana Affidavit of Surviving Spouse
How to Use This Form
- Select your county from the list on the left
- Download the county-specific form
- Fill in the required information
- Have the document notarized if required
- Record with your county recorder's office
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Married couples in Indiana may hold title to real estate as tenants by the entireties. This means that when one spouse dies, the other gains full ownership of the property by function of law, and without the need for probate. Use this instrument to formalize the acceptance of ownership rights conveyed when a spouse dies. Complete and sign the affidavit and submit it, along with a certified copy of the decedent's death certificate, to the recorder for the county where the real estate is located.
In order to gain full ownership, the husband or wife submits a completed affidavit of surviving spouse, along with an official copy of the death certificate of the deceased spouse, to the recorder for the county where the land is located.
This does not, however, remove the deceased's name from the deed. To accomplish that, the survivor must execute and record a new deed from the married couple to the remaining spouse only. After completing this final step, the public record and current deed will contain the most up-to-date information.
(Indiana Affidavit of Surviving Spouse Package includes form, guidelines, and completed example)
How to Use This Form
- Select your county from the list above
- Download the county-specific form
- Fill in the required information
- Have the document notarized if required
- Record with your county recorder's office
What Others Like You Are Saying
"Thank You! Very informative and helpful!"
"Great website, super easy to use, user friendly to navigate. Will definitely use for future needs, a…"
"Simple & easy to navigate. At time of writing this, guide & example of purchased deed is included. P…"
"Not what I can use."
"This service was easy, quick, and to the point. It was a lifesaver! Downloaded quickly and without i…"
Important: County-Specific Forms
Our affidavit of surviving spouse forms are specifically formatted for each county in Indiana.
After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.