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)

These are different form types, not alternate versions of the current form.

Disclaimer of Interest

Formally decline or renounce an interest in property.

Affidavit of Surviving Joint Tenant

Document a deceased joint tenant so title vests in the surviving owner. Known in some states as an affidavit of deceased joint tenant or affidavit of death of joint tenant.

Important: County-Specific Forms

Our affidavit of surviving spouse forms are specifically formatted for each of the 92 counties 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.

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