Elkhart County Affidavit of Surviving Spouse Form

Additional Indiana and Elkhart County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Elkhart County

Properties in any of these areas use Elkhart County forms:

• Bristol
• Elkhart
• Goshen
• Middlebury
• Millersburg
• Nappanee
• New Paris
• Wakarusa

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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)

Important: Your property must be located in Elkhart County to use these forms. Documents should be recorded at the office below.

This Affidavit of Surviving Spouse meets all recording requirements specific to Elkhart County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Elkhart County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

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