[IN] My spouse died. How do I transfer a real estate deed into my name?
I want to put a deed in my name. My husband passed away, and I’m not on the loan or the deed. We were married for 14 years. He had a living will. What does this mean?
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Document Type
- If it's a living will, that won’t help with the house — it's for medical decisions.
- If it's a last will or a revocable living trust, that’s different. Those can transfer property.
Probate or Small Estate Affidavit
- Since your name isn't on the deed or loan, you’ll need to go through probate or, if applicable, the Indiana small estate affidavit process.
Probate Process (IC 29):
- File a petition with the probate court.
- Notify heirs and creditors.
- The court can then authorize you to transfer the deed.
Small Estate Affidavit (if eligible):
- Indiana allows this if the estate’s value is below a certain amount (IC 29-1-8-1).
- You file an affidavit with the probate court, then record the deed with the county recorder.
What You’ll Need
- Death certificate.
- Any will or trust documents.
- Information on the property deed and mortgage.
- Court approval to transfer the title.
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Indiana Living Trust Form (Revocable)
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Full Conversation
I want to put a deed in my name. My husband passed away, and I’m not on the loan or the deed. We were married for 14 years. He had a living will.
Lexi, Chatbot
I’m sorry to hear about your loss. Have you consulted with a real estate lawyer about transferring the deed into your name?
No, I was hoping not to do that. He had a living will only.
Lexi, Chatbot
Do you have a copy of his will or any other legal documentation about the property?
I have a living will that says our house goes to me.
Lexi, Chatbot
Is there anything else we should know before connecting you with a real estate lawyer?
No.
Richard
Hello. My name is Richard, and I’ve been a licensed attorney for over 25 years. What state are you in?
Indiana.
Richard
I'm very sorry for your loss. Let me walk you through the general process in Indiana. First, I want to clarify something. A "living will" usually covers healthcare decisions, not property transfers. Are you sure it wasn’t a last will or revocable living trust?
It said the house was to go to me. That’s all he had.
Richard
Document Type
- If it's a living will, that won’t help with the house — it's for medical decisions.
- If it's a last will or a revocable living trust, that’s different. Those can transfer property.
Probate or Small Estate Affidavit
- Since your name isn't on the deed or loan, you’ll need to go through probate or, if applicable, the Indiana small estate affidavit process.
Probate Process (IC 29):
- File a petition with the probate court.
- Notify heirs and creditors.
- The court can then authorize you to transfer the deed.
Small Estate Affidavit (if eligible):
- Indiana allows this if the estate’s value is below a certain amount (IC 29-1-8-1).
- You file an affidavit with the probate court, then record the deed with the county recorder.
What You’ll Need
- Death certificate.
- Any will or trust documents.
- Information on the property deed and mortgage.
- Court approval to transfer the title.
So even though it says in the living will that the house goes to me — and that’s the only will he had — I still have to go to court?
Richard
Yes. Even if the document says that, the court has to oversee the title transfer, either through probate or the small estate process (if you qualify).
Oh, it looks like he had a revocable living trust.
Richard
That’s helpful to know. A revocable living trust changes things — if the house was placed into that trust, it may not need to go through probate. You’d just need to follow the trust's terms and work with the trustee (possibly yourself) to transfer the deed. If you have more questions, feel free to ask.
Richard
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