Estate Planning for Delaware County, Indiana Property Owners

For most Delaware County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.

Record a TOD deedWhere to recordLocal attorneys

For a Delaware County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Circuit Court. The two tools that keep a Delaware County home out of probate are a transfer-on-death deed recorded with the County Recorder, and a revocable living trust that holds title to the property.

Skipping this planning step means the Circuit Court decides who receives the property: a simple Indiana probate takes 6+ months and opens with $177 in court filing fees. Indiana also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.

Record a Transfer-on-Death Deed in Delaware County

A transfer on death deed names a beneficiary who receives Delaware County property automatically at the owner's death, without probate. It is recorded with the County Recorder during the owner's lifetime and can be revoked at any time.

Before recording, an Indiana transfer on death deed is signed with notary acknowledgmentIC 32-17-14-1 to 32-17-14-32Verified Aug 24, 2026View source. The deed takes effect only if it is recorded before the owner's deathIC 32-17-14-1 to 32-17-14-32Verified Aug 24, 2026View source.

Create a IndianaTOD deed →Delaware Countysigning requirements →

Where to Record Property Documents

Deeds and other real property documents for Delaware County are recorded with the County Recorder, led by County Recorder Jan Smoot, at 100 W Main Street, Room 209, Muncie, IN 47305. Phone: 765-747-7804. Hours: Monday - Friday, 8:30 AM - 4:00 PM.

The County Recorder charges $25 flat, regardless of page count. A 2-page transfer on death deed costs $35 to record in Delaware County, which is $25 in recording fees plus the $10 County Auditor's real property endorsement (transfer). A transfer on death deed is exempt from transfer tax.

Delaware County accepts electronic recording through Simplifile.

Recording Office Record

County Recorder

Delaware County · County Recorder · Jan Smoot

Address

100 W Main Street, Room 209Muncie, IN 47305

Hours

Monday - Friday, 8:30 AM - 4:00 PM

E-recording

Available via SimplifileE-recording info →
Visit recorder website →

Recording fees

Flat fee (any length)$25
County Auditor's real property endorsement (transfer)Applies to a TOD deed$10
SDF-1 (State Form 46021) Sales Disclosure Form$20
Transfer tax on a TOD deedExempt

IC 36-2-7-10(c)(1)

Open in Google Maps

Verified September 4, 2026 · Source

Estate Planning Attorneys Serving Delaware County

FirmMuncie, IN

Dennis, Wenger & Abrell, P.C.

Since 1980 · Serves 3 counties

Muncie firm serving Delaware County and east-central Indiana, founded in 1980, with a second office in Carmel. Partners Tara M. Smalstig and David J. Karnes handle probate and estate administration for personal representatives, covering court filings, estate property and distributions, plus probate litigation and will contests.

PracticesEstate PlanningProbate LitigationGuardianshipProbate AdministrationWills Trusts

Office
324 W Jackson StMuncie, IN 47305

FirmMarion, IN

Glickfield Law Office, LLC

Serves 10 counties

Marion firm in Grant County handling probate, guardianships, and wills and estate planning, also taking cases in Allen, Blackford, Delaware, Howard, Huntington, Madison, Tipton, Wabash, and Wells counties. Guides families through the probate process and creditor claims after a death. Offers a free initial consultation on estate matters.

PracticesEstate PlanningGuardianshipProbate AdministrationWills Trusts

Office
605 S Washington StMarion, IN 46953
Free consultation

Solo PracticeMuncie, IN

James A. Schafer Law

Serves 1 county

Solo Muncie practice serving Delaware County and surrounding Indiana counties, practising locally for over 40 years. Its probate work covers administration of estates and trusts, guardianships and conservatorships, and the preparation of wills and trusts, alongside real estate, family law and personal injury matters.

PracticesEstate PlanningTrust AdministrationGuardianshipProbate AdministrationWills Trusts

Office
400 N High St, Suite 200Muncie, IN 47305
Free consultation

Solo PracticeWinchester, IN

Mathewson Law, P.C.

Since 2016 · Serves 2 counties

Randolph County firm with offices in Winchester and Muncie serving east-central Indiana. Attorney Leslie M. Mathewson handles estate administration, guardianships, and elder-law matters alongside estate planning. She is a Certified Guardian Ad Litem and a registered Domestic Relations Mediator.

PracticesEstate PlanningElder LawGuardianshipProbate Administration

Office
113 N Main StWinchester, IN 47394
Free consultation

FirmMuncie, IN

Quirk Law

Serves 1 county

Muncie firm in Delaware County serving East Central Indiana. Partner Megan B. Quirk handles probate administration and estate settlement along with wills, trusts, powers of attorney, advance directives, and guardianship and elder-law matters; partner John A. Quirk covers criminal, family and injury work.

PracticesEstate PlanningElder LawGuardianshipProbate AdministrationWills Trusts

Office
122 N Mulberry StMuncie, IN 47305
Free consultation

Solo PracticeVincennes, IN

Bouchie Law LLC

Serves the whole state

Vincennes firm led by Knox County native Tanner Bouchie, frequently representing clients in Knox, Daviess, Sullivan, Greene, Pike, and Dubois counties. Handles wills, trusts and estates and guardianship arrangements for loved ones, alongside business formation, real estate, and family law. Clients book appointments online and meet remotely.

PracticesEstate PlanningGuardianshipWills Trusts

Office
P.O. Box 992Vincennes, IN 47591
Free consultationVirtual consultations
See all 19 firms serving Delaware County→

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

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