For most Elkhart 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.
For a Elkhart 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 Elkhart 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.
A transfer on death deed names a beneficiary who receives Elkhart 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.
Deeds and other real property documents for Elkhart County are recorded with the County Recorder at 117 N 2nd Street, Goshen, IN 46526. Phone: 574-535-6756. Hours: Monday, 8:00 AM - 5:00 PM; Tuesday - Friday, 8:00 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 Elkhart 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.
Elkhart County accepts electronic recording through Simplifile.
Recording Office Record
Elkhart County
Address
Phone
Hours
E-recording
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 deed | Exempt |
IC 36-2-7-10(c)(1)
Verified September 4, 2026 · Source
FirmSouth Bend, IN
South Bend firm serving St. Joseph County and northern Indiana, with a practice tracing back to the 1920s. Handles probate administration following a death, estate settlement, and Medicaid planning, with attorneys covering wills, trusts, and general civil and probate litigation.
PracticesEstate PlanningTrust AdministrationProbate LitigationElder Lawand 3 more
FirmWarsaw, IN
Warsaw firm in Kosciusko County, founded in 1920. Its trusts-and-estates group handles estate administration for personal representatives and trustees — dealing with creditors, taxes, real estate and distributing property — alongside testamentary and irrevocable living trusts, medical directives, and the firm's family law, business and land-use work.
PracticesEstate PlanningTrust AdministrationProbate AdministrationWills Trusts
Solo PracticeSouth Bend, IN
Mary L. Kohn's South Bend firm serves St. Joseph and Elkhart counties in the Michiana area. Probate work includes property appraisal and sale, locating missing heirs, obtaining account balances, and establishing estate debt-payment plans, with in-home consultations for clients unable to travel.
PracticesEstate PlanningElder LawProbate AdministrationWills Trusts
Solo PracticeMishawaka, IN
Solo Mishawaka practice concentrated in St. Joseph County probate and estate administration, covering probate of wills, appointment of personal representatives, trusts, and guardianships. Timothy Kalamaros advises executors and trustees carrying out an estate plan and sorts out estate disputes in court as needed. Serves South Bend, Mishawaka, Granger, and 13 more northern-Indiana counties.
PracticesEstate PlanningTrust AdministrationElder LawGuardianshipand 2 more
FirmGoshen, IN
Goshen firm (130 North Main Street, est. 1957) serving Elkhart, LaGrange and Kosciusko counties and the wider Michiana area. Its estate group handles estate and trust administration, probate and guardianships for clients in Indiana and Florida, with attorneys board certified by the Indiana Trust and Estate Specialization Board. Seventeen attorneys.
PracticesEstate PlanningTrust AdministrationElder LawTax Planningand 5 more
FirmSchererville, IN
Northwest Indiana firm based in Schererville (Lake County), with a second office in South Bend, handling estate administration after a death as well as planning. Represents clients in contested matters including will contests and breach-of-fiduciary-duty disputes, and employs in-house accountants for estate tax planning.
PracticesEstate PlanningProbate LitigationTax PlanningProbate AdministrationWills Trusts
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.
Data sourced from Indiana statutes and official state code. How we research.
Estate planning articles for Indiana.
Forms and tools for property owners in Elkhart County.
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Create a free, state-specific will with witness and notarization requirements included.
Transfer assets to your existing trust. State execution requirements included.
Transfer real property to a beneficiary upon your death without probate.
Designate someone to make medical decisions on your behalf.
Designate someone to manage your financial affairs.
Answer questions about your estate size, real estate ownership, marital status, and family situation to see how a revocable trust compares to a will alone. Includes estimated probate costs for your state.
Answer questions about your property type, ownership structure, and estate plan to see if a TOD deed is the right approach. Includes state-specific availability, signing requirements, and recording fees.
Compare trusts vs wills for your specific situation. See probate costs, trust administration expenses, and whether your estate qualifies for simplified procedures based on your state and estate value.
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
Compare the cost of creating a revocable living trust. See how SimplyTrust, Trust & Will, LegalZoom, and attorneys compare over 5 years including life events.
Estate planning articles for Indiana.
