Detailed answer — step-by-step under Indiana law

Below are practical steps most people follow in Indiana when one or more co-owners named on a joint survivorship deed have died. The exact process depends on the deed language, whether the deed creates a right of survivorship, whether there are mortgages, and whether the deceased left a will or estate that affects title.

1. 1. Locate and review the recorded deed

   Find the recorded deed in the county recorder’s office where the property is located. Confirm whether the deed expressly creates a right of survivorship (language such as “joint tenants with right of survivorship” or “as joint tenants, with right of survivorship” or “survivorship” is important). If the deed does not clearly create survivorship, title may not pass automatically to surviving co-owners.

2. 2. Get certified death certificates

   Obtain certified copies of the death certificate(s) for the deceased co-owner(s) from the Indiana State Department of Health or the county vital records office. These are usually required to record proof of death. See Indiana Vital Records: https://www.in.gov/health/vital-records/.

3. 3. Confirm whether title passed automatically or probate is needed

   If the deed clearly created survivorship, title typically passes to the surviving joint tenant(s) outside of probate. If the deed is ambiguous, or if the deceased owned an interest as a tenant in common, probate may be required to transfer that deceased person’s share. For general probate rules in Indiana, see the Indiana probate resources: https://www.in.gov/judiciary/self-service/probate/ and the Indiana Code on probate (Title 29): https://iga.in.gov/legislative/laws/2024/ic/titles/29.

4. 4. Prepare the instrument to record (affidavit of death or new deed)

   Common approaches:

   • Affidavit of Death / Affidavit of Survivorship: This is a short sworn statement attaching the certified death certificate and identifying the recorded deed (instrument number, book/page, legal description). It states the deceased’s name, date of death, and that the surviving owner(s) now own the property by survivorship. Have it notarized; record it with the county recorder to “update” the chain of title.
   • New deed: Some surviving owners elect to execute and record a new deed (for example, a quitclaim or warranty deed) that shows the surviving owner(s) as grantees. Recording a new deed provides a clear current title record but is not always necessary if a properly prepared affidavit will do.

   County recorders often have specific recording requirements and fee schedules. Contact the county recorder where the property is located for any local forms or instructions.

5. 5. Record the documents at the county recorder

   Take the affidavit and certified death certificate (and any new deed) to the county recorder’s office. Pay recording fees. The recorder will index the instrument and attach it to the property’s recorded documents, making the change of ownership a matter of public record.

6. 6. Notify mortgage lender, title insurer, and update insurance

   If there is an outstanding mortgage, notify the lender. If you have title insurance, contact the title company to update their files. Update homeowner’s insurance to name the surviving owner(s).

7. 7. Update property tax and assessment records

   Contact the county assessor or auditor to update ownership records and verify whether exemptions or reassessments apply. Recording a deed or affidavit does not automatically update tax records — you must notify the appropriate county office.

8. 8. If probate is necessary, open the correct probate proceeding

   If title did not pass by survivorship (for example, the deceased’s interest was tenant in common or there is competing documentation), the surviving owners or the personal representative may need to open probate or use a small estate procedure to transfer interest. See Indiana’s probate statutes for procedures and thresholds: https://iga.in.gov/legislative/laws/2024/ic/titles/29.

9. 9. Consider a quiet title action for complex or disputed title issues

   If title is disputed or clouded (for example, imperfect or ambiguous deed language, missing heirs, or competing claims), a quiet title lawsuit may be needed to obtain a court order declaring ownership. This is a court process handled in the local circuit or superior court.

10. 10. Keep complete records

    Keep copies of the recorded affidavit/deed, certified death certificates, and all correspondence with the recorder, lender, assessor, and title company. These documents help prevent future title problems.

For legal texts that apply broadly to property and probate in Indiana, see Indiana Code Title 32 (Property) and Title 29 (Probate):

• Indiana Code, Title 32 (Property): https://iga.in.gov/legislative/laws/2024/ic/titles/32
• Indiana Code, Title 29 (Probate): https://iga.in.gov/legislative/laws/2024/ic/titles/29
• Indiana Courts probate self-help: https://www.in.gov/judiciary/self-service/probate/
• Indiana Vital Records (death certificates): https://www.in.gov/health/vital-records/

Helpful hints

• Start by requesting a certified copy of the recorded deed from the county recorder — you will need the legal description and instrument number for any affidavit or new deed.
• Get several certified death certificates. Recorders, lenders, title companies, and tax offices often ask for originals.
• Call the county recorder’s office and ask what they require to show a death and update title (some counties have standard affidavit forms or checklists).
• If the deed language is unclear, get a title abstract or a title company’s opinion before recording anything that could inadvertently affect title.
• If there’s a mortgage, check with the lender before recording a new deed — some lenders require documents or payoff before a transfer is recorded.
• When in doubt, consult a local attorney experienced in Indiana real estate and probate for guidance, particularly if multiple heirs, mortgages, or creditor claims are involved.
• Record documents sooner rather than later to reduce risk of later disputes about ownership.