Transfer-on-Death Deed Attorney | New Albany, Indiana

Secure Your Legacy with a Transfer-on-Death Deed

A Transfer on Death (TOD) Deed is one of the most effective estate planning tools available in Indiana. It allows you to transfer real estate to your chosen beneficiaries upon your passing, without the need for probate. At Mattox & Wilson, we help clients create legally binding TOD deeds that protect their assets and ensure a smooth transition of property.

If you’re considering a Transfer on Death Deed, call us today at 812-944-8005 or fill out the form below to schedule a consultation with an experienced transfer on death deed attorney.

What Is a Transfer on Death Deed?

A Transfer on Death Deed, also known as a Beneficiary Deed, allows property owners to name a beneficiary who will automatically inherit their real estate upon their passing. Unlike a traditional will, a TOD deed bypasses probate, which saves time, money, and administrative hassle for your heirs.

Benefits of a TOD Deed in Indiana:

• Avoids probate – The property transfers automatically to the named beneficiary without court involvement.
• Maintains control during your lifetime – You retain full ownership and can sell, refinance, or revoke the deed at any time.
• Provides a simple, cost-effective estate planning tool – No need for a trust or costly legal proceedings.
• Protects against creditors – Beneficiaries only inherit the property upon the owner’s passing, keeping it safe from claims during the owner’s lifetime.

Who Should Consider a Transfer on Death Deed?

A TOD deed is an excellent option for Indiana residents who:

• Own real estate and want to pass it to a loved one easily.
• Prefer to avoid probate while keeping full control of their property.
• Have a simple estate and do not require the complexity of a trust.
• Want a reliable estate planning tool without ongoing maintenance or legal fees.

How to Create a Transfer-on-Death Deed in Indiana

Creating a valid TOD deed in Indiana requires the following steps:

1. Draft the TOD Deed – The deed must include a legal description of the property and name the beneficiary.
2. Sign the Deed – The property owner must sign the deed in the presence of a notary public.
3. Record the Deed – The completed deed must be filed with the county recorder’s office where the property is located.

As experienced transfer on death deed attorneys, we can ensure that your TOD deed complies with Indiana law and provides the protection you need. Call us today at 812-944-8005 to schedule a consultation.

Can a Transfer-on-Death Deed Be Revoked or Changed?

Yes. Unlike some estate planning tools, a TOD deed can be revoked or modified at any time during the property owner’s lifetime. Common ways to revoke a TOD deed include:

• Filing a revocation with the county recorder’s office.
• Creating a new TOD deed that supersedes the prior one.
• Selling or transferring the property to another party.

Common Questions About Transfer on Death Deeds in Indiana

What Happens If My Beneficiary Passes Away Before Me?

If your chosen beneficiary dies before you and you do not update the TOD deed, the property will likely be included in your probate estate. To avoid complications, you should regularly review and update your estate plan.

Can I Name Multiple Beneficiaries on a TOD Deed?

Yes, you can name multiple beneficiaries. You can specify equal shares or designate an alternative beneficiary in case the first choice is unavailable.

Does a TOD Deed Protect My Property from Creditors?

During your lifetime, your property is still subject to creditor claims, taxes, and legal judgments. However, once the property passes to your beneficiary, it is not subject to your personal debts unless the estate lacks sufficient assets to cover outstanding obligations.

Can a TOD Deed Be Contested in Court?

A TOD deed is less likely to be contested than a will, but challenges can arise if there are allegations of undue influence, fraud, or lack of mental capacity at the time of signing. Proper legal guidance can help ensure your TOD deed holds up in court.

What Happens If I Move to Another State?

Each state has different laws regarding TOD deeds. If you move out of Indiana, consult an estate planning attorney to determine whether your deed remains valid or if you need to update it.

Speak With an Indiana Transfer-on-Death Deed Attorney

A Transfer on Death Deed is an excellent way to simplify estate planning while keeping control of your property. As Transfer on Death Deed lawyers with decades of legal practice, we help clients in Indiana create legally sound TOD deeds that align with their long-term estate goals.

Take control of your legacy today—call us at 812-944-8005 to schedule a consultation.