Estate Planning for Miami County, Indiana Property Owners

For most Miami 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 Miami 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 Miami 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 Miami County

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

Where to Record Property Documents

Deeds and other real property documents for Miami County are recorded with the County Recorder at 25 North Broadway, Room 205, Peru, IN 46970. Phone: 1-765-472-2573. Hours: Monday-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 Miami 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.

Recording Office Record

County Recorder

Miami County

Hours

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

Office

25 North Broadway, Room 205, Peru, IN 46970

Open in Google Maps

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 Miami County

FirmKokomo, IN

Davis & MacDonald Law Firm

Serves 5 counties

Kokomo firm serving Howard County and surrounding north-central Indiana families with probate and estate administration through the local court. Prepares and files probate petitions and wills, schedules appointment of a personal representative, and handles settling and distributing estates. Longstanding focus on farm, ranch, and agricultural-business estates.

PracticesEstate PlanningProbateAgricultural LawWills Trusts

Office
119 N Buckeye StKokomo, IN 46901

FirmKokomo, IN

Kuntz Law Firm

Since 1992 · Serves 5 counties

Kokomo firm (Howard County) run by Mark E. and Cameron P. Kuntz, serving central Indiana. Represents and guides executors through probate — creditor notification, debt settlement, asset distribution, and estate finalization — alongside will drafting and estate planning.

PracticesEstate PlanningProbateHealthcare DirectivesPowers Of AttorneyWills Trusts

Office
1542 S Dixon Rd, Suite AKokomo, IN 46902
Free consultation

Solo PracticeMishawaka, IN

Timothy E. Kalamaros, Law Office P.C.

Serves 14 counties

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 AdministrationProbateElder Lawand 2 more

Office
1117 Lincoln Way WestMishawaka, IN 46544

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

FirmNew Albany, IN

Church, Langdon, Lopp, Banet Law

Serves the whole state

New Albany firm serving Floyd County and southern Indiana from offices in New Albany, Corydon, and Salem. Handles supervised and unsupervised estate administration, small-estate and intestate matters, creditor claims and asset distribution, and estate and trust litigation. Gary Banet also takes guardianships, elder law, and special-needs planning.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 6 more

Office
318 Pearl St, Suite 200New Albany, IN 47150

FirmBloomington, IN

Clendening Johnson & Bohrer, P.C.

Serves the whole state

Bloomington firm guiding Monroe County and south-central Indiana families through Indiana's probate process. The team marshals and inventories assets, discharges debts, and distributes the estate to heirs, and also handles trust administration, guardianships, and will contest litigation. Partner James F. Bohrer is Board Certified as a Trust and Estate Lawyer by the Indiana State Bar Association.

PracticesEstate PlanningTrust AdministrationProbateProbate LitigationGuardianship

Office
409 W Patterson Dr, Suite 205Bloomington, IN 47403
See all 17 firms serving Miami 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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Free

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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Indiana Estate Planning Articles

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