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 Oct 18, 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 Oct 18, 2026View source.

Create a Indiana TOD deed →Delaware County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for Delaware County are recorded with the County Recorder at 100 West Main Street, Room 209, Muncie, IN 47305. Phone: 1-765-747-7804. 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). No transfer tax applies to a transfer on death deed.

Delaware County accepts electronic recording through Simplifile.

Recording Office Record

County Recorder

Delaware County

Hours

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

Office

100 West Main Street, Room 209, Muncie, IN 47305

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Fees

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 FormNot required for a TOD deed$20
Transfer tax on a TOD deedNo transfer tax applies to TOD deeds

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

Verified October 16, 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 PlanningProbateProbate LitigationGuardianshipWills 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 PlanningProbateGuardianshipWills 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 AdministrationProbateGuardianshipWills 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 PlanningProbateElder LawGuardianship

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 PlanningProbateElder LawGuardianshipWills 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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Legal Sources

Data sourced from Indiana statutes and official state code. How we research.

Forms for Planning Your Estate in Indiana

Free forms for planning your estate in Indiana: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for Indiana.

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Last Will and Testament

In Indiana, a will is signed before 2IC 29-1-5-2; IC 29-1-5-3Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyIC 29-1-5-2; IC 29-1-5-3Verified Oct 18, 2026View source.

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Codicil to a Will

In Indiana, a codicil is signed before 2IC 29-1-5-2; IC 29-1-5-3Verified Oct 18, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimonyIC 29-1-1-3(a)(38); IC 29-1-5-3.1Verified Oct 25, 2026View source.

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Healthcare Power of Attorney

Indiana allows a choice for a healthcare power of attorney: 2IC § 16-36-7-30 (sample forms; not mandatory)Verified Oct 15, 2026View source witnesses or a notary.

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HIPAA Release

In Indiana, a HIPAA release names who may receive your records and, as the state requires, names HIV/AIDS-related information and mental health recordsIC 16-41-8-1(b), (b)(2) (Ind. Code Title 16, Art. 41, Ch. 8); IC 16-39-2-3, IC 16-39-2-5, IC 16-39-2-9(a)(2) (Ind. Code Title 16, Art. 39, Ch. 2)Verified Jun 19, 2026View source expressly before a provider releases them.

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Financial Power of Attorney

Indiana treats a power of attorney as durable by defaultIC 30-5-2-2, IC 30-5-2-6, IC 30-5-3-2, IC 30-5-3-3, IC 30-5-3-6, IC 30-5-4-1, IC 30-5-4-1.3, IC 30-5-4-1.5, IC 30-5-4-1.7, IC 30-5-4-2, IC 30-5-5-14.5, IC 30-5-6-1, IC 30-5-8-2, IC 30-5-8-7, IC 30-5-8-8, IC 30-5-9-9, IC 30-5-10-3, IC 30-5-11-4, IC 30-5-11-4.5Verified Sep 18, 2026View source, and it is signed before 2IC 30-5-2-2, IC 30-5-2-6, IC 30-5-3-2, IC 30-5-3-3, IC 30-5-3-6, IC 30-5-4-1, IC 30-5-4-1.3, IC 30-5-4-1.5, IC 30-5-4-1.7, IC 30-5-4-2, IC 30-5-5-14.5, IC 30-5-6-1, IC 30-5-8-2, IC 30-5-8-7, IC 30-5-8-8, IC 30-5-9-9, IC 30-5-10-3, IC 30-5-11-4, IC 30-5-11-4.5Verified Sep 18, 2026View source witnesses or a notary.

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Transfer on Death Deed

In Indiana, a transfer on death deed is signed before a notaryIC 32-17-14-1 to 32-17-14-32Verified Oct 18, 2026View source, then recorded with the county before the owner's deathIC 32-17-14-1 to 32-17-14-32Verified Oct 18, 2026View source. Indiana does not recognize a Lady Bird deed.

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Vehicle Transfer on Death

Indiana allows a transfer-on-death beneficiary designation on a vehicle titleIC 9-17-3-9 (Transfer on death conveyance; requirements — vehicle-specific); IC 32-17-14 (Transfer on Death Property Act), applied to vehicles by IC 32-17-14-2(e) "Subject to IC 9-17-3-9(g)"Verified Oct 21, 2026View source, filed through the Indiana Bureau of Motor Vehicles (BMV).

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Living Will

In Indiana, the living will is the Living Will DeclarationInd. Code ch. 16-36-4 (§§ 16-36-4-0.1 to 16-36-4-21)Verified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.

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Tools for Planning Your Estate in Indiana

Free tools for planning your estate in Indiana: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for Indiana and read its answer.

How Do I Sign Estate Documents?

In Indiana, a will is signed before 2IC 29-1-5-2; IC 29-1-5-3Verified Oct 18, 2026View source witnesses, and notarization is not requiredIC 29-1-5-2; IC 29-1-5-3Verified Oct 18, 2026View source.

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Will My Estate Documents Transfer?

Indiana recognizes a will signed under the law of the place where it was signedIC 29-1-5-5Verified Oct 18, 2026View source; a will signed in Indiana itself needs 2IC 29-1-5-2; IC 29-1-5-3Verified Oct 18, 2026View source witnesses, and notarization is not requiredIC 29-1-5-2; IC 29-1-5-3Verified Oct 18, 2026View source.

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Trust or Will: Which Costs Less?

In Indiana, a will-based plan pays probate attorney fees of typically 1.8%Modeled estimate under IC 29-1-10-13 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.8%Modeled estimate under IC 29-1-10-13 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.

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How Much Does a Revocable Living Trust Cost?

An attorney-prepared revocable living trust in Indiana runs $2,720Estimate: 10 hours at $272, Clio's Indiana Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $4,080Estimate: 15 hours at $272, Clio's Indiana Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.

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How Much Does a Will Cost?

An attorney-prepared will in Indiana runs $945Estimate: 3 hours at $315, Clio's Indiana Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,890Estimate: 6 hours at $315, Clio's Indiana Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $24,871IC 29-1-10-13 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source.

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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

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How Do I Name a Guardian for My Minor Children?

In Indiana, a parent names a guardian for a minor child in a will or a separate signed writingInd. Code §§ 29-3-5-4(a)(2)–(a)(4), 29-3-5-5(a)(2), (a)(6); 29-3-3-7; 30-5-3-4(b)Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18Ind. Code § 1-1-4-5(a)(1), (a)(8)Verified Sep 15, 2026View source.

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Do I Need a Revocable Trust?

Probate in Indiana takes 6 months to 9 months for a simple estate and charges attorney fees of typically 1.8%Modeled estimate under IC 29-1-10-13 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.8%Modeled estimate under IC 29-1-10-13 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.

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