Indiana Authority to Release of Deed of Trust

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Multi-State
Control #:
US-00186
Format:
Word; 
Rich Text
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Description

This form is an Authority to Release. The county clerk is authorized and requested to release from a deed of trust a parcel of land to the executor of the estate. The form must be signed in the presence of a notary public.

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FAQ

This deed is used by trustees of trusts or administrators of estates to transfer title to property without incurring any liability for warranties on themselves.

Code § 29-1-13-1. Every personal representative shall have a right to take, and shall take, possession of all the real and personal property of the decedent.

(b) A conveyance must: (1) be in writing; (2) be executed or signed by the: (A) lessor or landlord; (B) grantor (as defined in IC 32-17-1-1) ; or (C) land contract seller; and (3) have an acknowledgment (as defined in IC 33-42-0.5-2) or a proof (as defined in and permitted under IC 32-21-2) .

Section 32-17-14-12 - Transfer on death transfers of tangible personal property (a) A deed of gift, bill of sale, or other writing intended to transfer an interest in tangible personal property is effective on the death of the owner and transfers ownership to the designated transferee beneficiary if the document: (1) ...

Prior to the real property owner's death, the transfer on death deed must: (1) be executed by the owner of the real property, or their legal representative, and (2) be recorded in the county where the real property is located. Indiana Code Section 32-17-14-11.

(g) Except as provided in subsection (h), the will of the decedent shall not be admitted to probate unless the will is presented for probate before the latest of the following dates: (1) Three (3) years after the individual's death.

Sec. 1. (a) The surviving spouse of a decedent who was domiciled in Indiana at the decedent's death is entitled from the estate to an allowance of twenty-five thousand dollars ($25,000).

In Indiana, establishing a TOD provision often involves filling out a form provided by the financial institution that holds your assets. For real estate, a TOD deed must be filled out and recorded with the county recorder's office.

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Indiana Authority to Release of Deed of Trust