Benton County Quitclaim Deed (Reserving Life Estate) Form

A deed usually moves ownership and possession together. This Indiana quitclaim deed separates them: the grantee's ownership of the remainder begins at delivery, while possession, use, and rents stay with the grantor for life. One signature does both, because the reservation is written into the conveying sentence itself.

A Lesser Estate Exists Only if the Deed Says So

IC 32-21-1-16 makes words of inheritance unnecessary to create an estate of inheritance, then provides that a lesser estate must be expressed in the deed. A quitclaim that names a grantee and stops there carries the grantor's whole interest out of the record. The life estate here exists because Section 8 expresses it, and IC 32-17-2-3 authorizes what that section names: an estate for life, with a remainder, vested or contingent, limited on it.

Reserved to the Signer, Not to a Stranger

Indiana's law of reservations turns on who receives the reserved interest. At common law a grantor could reserve an interest for the grantor alone, a limit the Indiana Supreme Court enforced in Ogle v. Barker (1946) and then overruled in Nelson v. Parker, 687 N.E.2d 187 (Ind. 1997), which held that a deed subject to a life estate in a third person validly creates it. The estate held back here is measured by the grantor's own life, the settled side of that history.

What Rides Through, and What Waits

The operative verb is statutory. IC 32-21-1-15 builds Indiana's quitclaim on the verb quitclaims, and IC 32-17-2-2 caps what a release can carry at the estate a bargain and sale deed could pass, less the reserved life estate. A mortgage, a docketed judgment, and a recorded easement all bind the remainder, and no covenant of title stands behind them. Later paper the life tenant signs alone reaches no further: IC 32-17-2-5 passes only what a tenant for life may lawfully convey. IC 32-30-4-2 meanwhile lets a remainder holder sue for waste, trespass, or injury to the inheritance notwithstanding that life estate. A search for an Indiana life estate deed, or a quit claim deed reserving a life estate, lands here.

One Grantor, One Certificate, Two Mailing Addresses

The form recites exactly one grantor executing in an individual capacity, one grantee entry for the remainder holder, one signature block whose printed name line answers IC 36-2-11-16(c), and one acknowledgment certificate collecting the county of commission IC 33-42-9-12 requires. The grantee signs nothing. Section 8 performs the conveyance and the reservation in one sentence and names the grantor's own life as the measuring life; Section 9 carries optional terms such as an allocation of taxes, insurance, and repairs. The two closing address blanks commonly differ, for a statutory reason: under IC 6-1.1-1-9(f), when a life tenant is in possession, only the life tenant is the owner, so tax statements stay with the life tenant while the grantee line carries the remainder holder's address. Record patterns presenting this configuration include a residence conveyed with the right to occupy it for life, farm ground conveyed with the rents and profits kept for life, and a parcel conveyed to a charitable organization with lifetime occupancy held back. It is not set up for title in two names, an entity or trustee grantor, a deed under a power of attorney, a reservation for anyone but the signer, or a retained power to undo the remainder.

A Recording Rule Written for Future Estates

Consideration sets the first county stop: IC 6-1.1-5.5 sends a transfer for value to the assessor on a sales disclosure form, and a conveyance made for nothing sits outside that chapter. The auditor's taxation endorsement under IC 36-2-11-14 precedes the recorder's acceptance, the charge is the flat statewide twenty five dollars of IC 36-2-7-10, and Indiana levies no transfer tax. Recording carries a second weight here: IC 32-21-3-3 makes a conveyance of real estate for life, or of any future estate, invalid against anyone but the grantor, the grantor's heirs and devisees, and persons having notice, unless it is recorded. Both interests this deed creates sit on that list.

What the Download Contains

Three files arrive with the purchase: the fillable Indiana quitclaim deed reserving a life estate, built to the state's recording format; a completed example from Bartholomew County in which an owner conveys a Columbus residence and keeps a life estate; and a guide that walks each entry, the certificate, and the three county offices. These pages describe Indiana law generally and are informational, not legal advice.