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)

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