Estate Planning for Hamilton County, Indiana Property Owners

For most Hamilton 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 Hamilton County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Superior Courts 1, 2 and 3. The two tools that keep a Hamilton 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.

Without a recorded beneficiary designation or a trust, Hamilton County property passes through the Superior Courts 1, 2 and 3 — even simple Indiana probates run 6+ months and start with $177 in 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 Hamilton County

A transfer on death deed names a beneficiary who receives Hamilton 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 →Hamilton County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for Hamilton County are recorded with the County Recorder at 33 North 9th Street, Suite 309, Noblesville, IN 46060. Phone: 1-317-776-9618. Hours: Monday-Friday 8:00 AM-4:30 PM.

The County Recorder charges $25 flat, regardless of page count. Recording a 2-page transfer on death deed in Hamilton County comes to $35, 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.

Hamilton County accepts electronic recording through CSC and Simplifile.

Recording Office Record

County Recorder

Hamilton County

Hours

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

Office

33 North 9th Street, Suite 309, Noblesville, IN 46060

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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 Hamilton County

FirmIndianapolis, IN

Barnes Cadwell Law, P.A.

Serves 4 counties

Indianapolis firm serving Marion, Hamilton, Boone, and Hancock Counties (Fishers, Carmel, Noblesville). Attorneys Martin Barnes and Jeffrey Cadwell handle probate and estate administration, sorting probate versus non-probate assets and walking executors through letters testamentary and creditor claims, plus creditors'-rights and asset-protection matters.

PracticesEstate PlanningProbateAsset ProtectionWills Trusts

Office
10475 Crosspoint Blvd, Suite 250Indianapolis, IN 46256

FirmIndianapolis, IN

Frank & Kraft, Attorneys at Law

Serves 6 counties

Indianapolis estate and elder-law firm serving Marion County and surrounding central-Indiana communities (Carmel, Fishers, Greenwood, Plainfield) through the local probate process. Handles will filing, estate asset identification and valuation, debt and tax settlement, executor guidance, beneficiary disputes, and trust administration. Offers a free consultation.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 3 more

Office
135 N Pennsylvania St, Suite 1100Indianapolis, IN 46204
Free consultation

FirmFishers, IN

Freedman Law, P.C.

Serves 5 counties

Fishers firm serving Hamilton County and the broader central-Indiana region (Marion, Hancock, Boone, Madison counties) with estate administration and probate representation. Handles decedent estates, will-contest litigation, transfer-on-death deeds, and non-probate asset transfers, as well as wills and powers of attorney.

PracticesEstate PlanningProbateProbate LitigationGuardianshipand 3 more

Office
11650 Lantern Rd, Suite 217Fishers, IN 46038

FirmIndianapolis, IN

Hocker Law, LLC

Since 1993 · Serves 3 counties

Indianapolis firm guiding families through the Marion County probate process whether or not the decedent left a will. The firm's attorneys handle estate opening, administration, and asset distribution as part of a practice spanning family law and probate.

PracticesEstate PlanningProbate

Office
6626 E 75th St, Suite 410Indianapolis, IN 46250
Free consultation

FirmNoblesville, IN

Holt Legal Group

Since 1975 · Serves 2 counties

Noblesville firm serving Hamilton County and greater Indianapolis since 1975, administering estates and guiding personal representatives through probate whether or not the firm drafted the will and whether or not the decedent left one. Estate administration sits alongside guardianship and long-term-care/Medicaid planning.

PracticesEstate PlanningProbateElder LawGuardianshipand 2 more

Office
198 S 9th StNoblesville, IN 46060
Free consultation

FirmAnderson, IN

Beeman Heifner Benge P.A.

Serves 3 counties

Anderson firm serving Madison County and central Indiana, with a second office on Crosspoint Blvd in Indianapolis. Attorney Thomas M. Beeman, a Board Certified Indiana Trust and Estate Lawyer, handles estate administration and estate litigation, representing parties in contested estate and trust disputes. Estate practice sits alongside the firm's criminal-defense and personal-injury work.

PracticesEstate PlanningProbateProbate LitigationHealthcare Directivesand 2 more

Office
3737 S Scatterfield Rd, Suite 200Anderson, IN 46013
Free consultation
See all 25 firms serving Hamilton 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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