Estate Planning for Morgan County, Indiana Property Owners

For most Morgan 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 Morgan County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Superior Court 2 or Superior Court 1. The two tools that keep a Morgan 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, Morgan County property passes through the Superior Court 2 or Superior Court 1 — 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 Morgan County

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

Where to Record Property Documents

Deeds and other real property documents for Morgan County are recorded with the County Recorder at 180 South Main Street, Suite 125, Martinsville, IN 46151. Phone: 1-765-342-1077. Hours: Monday-Friday 8:00 AM-4:00 PM.

Documents submitted by mail go to P.O. Box 1653, Martinsville, IN 46151.

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

Morgan County accepts electronic recording through Simplifile.

Recording Office Record

County Recorder

Morgan County

Hours

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

Office

180 South Main Street, Suite 125, Martinsville, IN 46151

Open in Google Maps

Mail

P.O. Box 1653 Martinsville, IN 46151

Verified October 16, 2026 · Source

Estate Planning Attorneys Serving Morgan County

FirmGreencastle, IN

Attorney Michael Goss, LLC

Serves 7 counties

Greencastle elder law and estate firm serving Putnam County and west-central Indiana, including Morgan, Owen, Clay, Parke, Montgomery, and Boone counties. Michael and Adam Goss handle probate and trust administration after a death, along with Medicaid crisis planning, long-term care planning, asset protection, and guardianships.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 5 more

Office
2100 E State Road 240Greencastle, IN 46135

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

FirmTipton, IN

Church Church Hittle and Antrim

Since 1880 · Serves 5 counties

Central Indiana firm established in 1880, with a Tipton office and six more in Noblesville, Fishers, Westfield, Zionsville, Crown Point, and Fort Wayne. Its Trust and Probate Administration group sees estates through the court process, pays taxes and debts, and navigates Indiana intestate succession where there is no valid will. Sarah J. Randall and Jack G. Hittle lead the estate work.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 3 more

Office
118 S Independence StTipton, IN 46072

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

FirmFort Wayne, IN

Gutwein Law

Serves 4 counties

Fort Wayne office of Gutwein Law, opened when Jeanne E. Longsworth brought her practice to the firm, serving Allen County. Longsworth, an attorney and CPA, concentrates on estate, probate and trust administration alongside estate planning and business succession; the firm also handles trust and estate litigation.

PracticesEstate PlanningTrust AdministrationProbateProbate LitigationBusiness Succession

Office
7030 Pointe Inverness Way, Suite 330Fort Wayne, IN 46804

Solo PracticeSouth Bend, IN

Longstreet Law LLC

Serves 3 counties

South Bend firm led by Laura M. Longstreet, a former St. Joseph County Superior Court clerk and guardian ad litem, serving South Bend and Indianapolis. Represents individuals and families in probate proceedings and estate planning, with particular attention to LGBTQ+ and nontraditional families.

PracticesEstate PlanningTrust AdministrationProbatePowers Of AttorneyWills Trusts

Office
401 E Colfax Ave, Suite 180South Bend, IN 46617
Free consultation
See all 21 firms serving Morgan 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?

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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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