Power of Attorney for Real Estate in Indiana: Recording, Selling, and Common Mistakes

Using a power of attorney to handle real estate in Indiana involves more procedural steps than most other POA transactions. The county recorder, auditor, and title company all have their own requirements — and if any of them aren't met, the transaction stalls at the closing table.

The Recording Requirement

Under IC § 30-5-5-2, if a POA grants authority over real property, that POA must be recorded with the county recorder in the county where the property is located. This isn't optional, and it isn't something you can do at closing — it must be done before the agent presents any deed or conveyance document for recording.

An unrecorded POA is functionally useless for real estate transactions. The county recorder will refuse to accept a deed signed by an agent if the underlying POA isn't already in the public record.

Recording requirements:

• $25 flat recording fee (standard across Indiana's 92 counties under Senate Bill 505)
• The document must include a preparation statement identifying who drafted it
• A Social Security redact affirmation must appear on the document (IC § 36-2-11-15)
• The county auditor may require a pre-screening stamp or endorsement before the recorder will accept the filing
• Oversized pages (larger than 8.5" x 14") incur an additional $5 per page

Selling Property Under a POA

When an agent sells real estate under a POA, the process requires several coordinated steps:

1. Verify the POA is recorded. Check with the county recorder where the property sits. If it's not on file, record it immediately — the $25 fee and processing time are minimal, but missing this step will kill the closing.

2. Confirm the POA language covers the transaction. The document needs to specifically grant authority over real estate transactions. Generic financial authority may not satisfy a title company's requirements. The safest approach: explicit language authorizing the agent to "sell, convey, transfer, and execute all instruments necessary to complete the sale of real property."

3. Coordinate with the title company early. Title companies are the biggest point of friction in POA real estate transactions. Send them a copy of the recorded POA well before the closing date — ideally when the purchase agreement is signed. Title companies typically run the document through their legal department, which can take one to two weeks.

Common title company objections include:

• The POA doesn't name the specific property (a general real estate POA is valid under Indiana law, but title companies prefer property-specific language)
• The POA appears "stale" (signed years ago with no recent confirmation that it hasn't been revoked)
• The POA was witnessed rather than notarized

4. Execute the deed correctly. The agent signs the deed as: "[Agent Name], as attorney-in-fact for [Principal Name]." The deed must reference the recorded POA — typically including the county recorder's instrument number and recording date.

Out-of-State Sellers

Indiana's counterpart signing rules under IC § 30-5-4-1.5 allow a POA to be executed remotely, but with strict requirements:

• A licensed Indiana attorney or directed paralegal must supervise the signing via real-time video
• All separately signed pages must be assembled into a single composite document within five business days
• The supervising attorney must execute a notarized Affidavit of Compliance detailing the participants, locations, and verification methods

These requirements exist to prevent fraud, but they make last-minute remote POA execution impractical. If you know a closing is coming and the principal can't attend, execute and record the POA weeks in advance.

Transfer-on-Death Deeds vs. POA

For families planning ahead, a Transfer-on-Death (TOD) deed under IC § 32-17-14 may be a better option than using a POA to transfer property after the owner's death.

A TOD deed names a beneficiary who automatically receives the property when the owner dies — no POA, no probate, no court involvement. The owner retains full control during their lifetime and can revoke the TOD deed at any time.

The critical difference: a POA terminates immediately at death. An agent cannot use a POA to sell or transfer the deceased principal's property. A TOD deed, by contrast, specifically activates at death.

Both instruments must be recorded with the county recorder before they're needed, and both cost the same $25 recording fee.

Get the Recording Right

The Indiana Power of Attorney Kit includes county recording checklists and the specific preparation statements Indiana recorders require, so your POA is accepted and on file before you need it.

See more Indiana guides →