Estate Planning for Monroe County, Indiana Property Owners

For most Monroe 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 Monroe 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 Monroe 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, Monroe County property passes through the Circuit Court — 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 Monroe County

A transfer on death deed names a beneficiary who receives Monroe 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.

Where to Record Property Documents

Deeds and other real property documents for Monroe County are recorded with the County Recorder at 100 West Kirkwood Avenue, Room 122, Bloomington, IN 47404. Phone: 1-812-349-2520. Hours: Monday-Friday 8:00 AM-4:00 PM.

Documents submitted by mail go to P.O. Box 1634, Bloomington, IN 47402-1634.

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

Monroe County accepts electronic recording through CSC, ePN, Indecomm and Simplifile.

Recording Office Record

County Recorder

Monroe County

Hours

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

Office

100 West Kirkwood Avenue, Room 122, Bloomington, IN 47404

Mail

P.O. Box 1634 Bloomington, IN 47402-1634

Verified October 16, 2026 · Source

Estate Planning Attorneys Serving Monroe County

FirmColumbus, IN

Beck Rocker, LLC

Since 1985 · Serves 8 counties

Columbus firm serving Bartholomew County and south-central Indiana, started in 1985. Estate and trust administration work covers probate and trust administration, intestate estates where no will can be found, and litigation over the administration of an estate. Jeff Rocker expanded the firm's estate planning practice after joining in 2005.

PracticesEstate PlanningTrust AdministrationProbateProbate LitigationTax Planning

Office
432 Washington StColumbus, IN 47201
Free consultation

FirmBloomington, IN

Freitag & Martoglio, LLC

Serves 1 county

Bloomington firm serving Monroe County with probate, estate, and trust administration. Guides families after a death through the probate process, administration of estates with and without a will, and trust-management questions, alongside elder-law, adult guardianships, and Medicaid/asset-protection planning. A Certified Dementia Friendly Business.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 6 more

Office
2907 E Buick Cadillac BlvdBloomington, IN 47401

FirmBloomington, IN

McCrea & McCrea

Since 1939 · Serves 1 county

Bloomington firm founded in 1939 — the oldest continually operating practice in Monroe County — with Edward F. McCrea and Aaron E. McCrea leading its estate work. Handles probate and estate administration alongside estate planning for Monroe County families.

PracticesEstate PlanningTrust AdministrationProbateGuardianshipand 3 more

Office
119 S Walnut StBloomington, IN 47404
Free consultation

FirmBloomington, IN

Slotegraaf Niehoff P.C.

Serves 1 county

Bloomington firm (Monroe County) whose probate practice represents personal representatives and trustees through estate and trust administration. Also handles will and trust contests, interference-with-inheritance claims, beneficiary representation, will-spread-of-record, and estate mediation, giving it a settlement-side litigation capability.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigation

Office
200 E 3rd StBloomington, IN 47401

FirmBedford, IN

Smith Law Office

Since 2022 · Serves 8 counties

Bedford firm in Lawrence County, founded in 2022 by David A. and Patrick J. Smith. David handles probate and trust administration, elder law and long-term-care planning, special-needs and Miller trusts, and guardianships, and is also licensed in Florida for Indiana clients holding property there.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 2 more

Office
1516 I StBedford, IN 47421

FirmMadison, IN

West Sixth Law, LLP

Since 1976 · Serves 6 counties

Madison firm (One W. 6th Street, Jefferson County), formerly Alcorn Sage Schwartz & Magrath, serving southeast Indiana and northern Kentucky since 1976. Estate work covers wills, trusts, healthcare directives, elder-care planning, probate planning and estate tax concerns. By-appointment offices in Columbus, Lawrenceburg and Louisville, Kentucky.

PracticesEstate PlanningProbateElder LawTax Planningand 2 more

Office
1 West 6th StMadison, IN 47250
Free consultation
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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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