Estate Planning for Owen County, Indiana Property Owners
For most Owen 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 Owen 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 Owen 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 Owen County
A transfer on death deed lets an owner name a beneficiary who receives Owen County property automatically at death, without probate. It is recorded with the County Recorderduring the owner’s lifetime and can be revoked any time.
Before recording, a Indiana transfer on death deed needs notary acknowledgment. The deed must be recorded before the owner's death to take effect.
Where to Record Property Documents
Deeds and other real property documents for Owen County are recorded with the County Recorder at 60 S Main Street, Room 201, Spencer, IN 47460. Phone: 812-829-5013. Hours: Monday - Friday, 8:00 AM - 4:00 PM (closed 12:00 PM - 1:00 PM).
Recording costs $25 flat, regardless of page count; required form fees may include County Auditor's real property endorsement (transfer) ($10); TOD deeds are generally transfer-tax exempt. Page count, cover sheets, and any local transfer-tax add-ons under Indiana law can change the final amount, so confirm the total with the County Recorder before submitting.
Owen County accepts e-recording through Simplifile.
At $25, Owen County's base recording fee is among the lowest in Indiana, where county base fees range from $25 to $35.
Recording Office Record
County Recorder
Owen County
Address
Phone
Hours
E-recording
Recording fees
| Flat fee (any length) | $25 |
| County Auditor's real property endorsement (transfer)RequiredEvery deed and every instrument made under IC 32-17-14 (including a TOD deed). $10 per deed, or per legal description of each parcel contained in the deed.Paid to the COUNTY AUDITOR, not the recorder. IC 36-2-11-14(a): the recorder may record a conveyance of land or "a deed or instrument made under IC 32-17-14" only if it has been endorsed by the auditor. IC 36-2-9-18(e) makes the $10 endorsement fee mandatory ("The legislative body of a county shall adopt an ordinance requiring the auditor to collect a fee in the amount of ten dollars ($10)"). IC 36-2-9-18(d)(2) forbids the auditor from refusing to endorse a deed because it is made under IC 32-17-14. | $10 |
| SDF-1 (State Form 46021) Sales Disclosure FormConveyance documents that transfer a real property interest for VALUABLE CONSIDERATION. Not required for a TOD deed.IC 6-1.1-5.5-1 defines "conveyance" as a transfer for valuable consideration; IC 6-1.1-5.5-4(a) sets the filing fee at $20 payable to the county auditor. A TOD deed "is not required to be supported by consideration" (IC 32-17-14-11(c)) and conveys nothing during the owner's life, so no SDF and no $20 fee is due. DLGF Sales Disclosure Form Instructions: "A transfer of property for no consideration ... is NOT considered a conveyance for purposes of IC 6-1.1-5.5." | $20 |
Flat $25 for any deed or other instrument other than a mortgage, regardless of page count (IC 36-2-7-10(c)(1)). Mortgages are $55 (IC 36-2-7-10(c)(2)). A per-page charge applies ONLY to oversize pages — for pages larger than 8 1/2" x 14", $25 for the first page and $5 for each additional page (IC 36-2-7-10(c)(3)). A county fiscal body may add a $10 affordable-housing fee per document by ordinance where a unit in the county has an affordable housing fund (IC 36-2-7-10(c)(9)); no county outside Marion was found charging it as of 2026-07-13. Budget a separate $10 for the county auditor's mandatory endorsement (IC 36-2-9-18(e)) — a deed cannot be recorded without it.
IC 36-2-7-10(c)(1)
Transfer tax
None. Indiana does not impose a state real estate transfer tax.. Transfer-on-death deeds are generally exempt (There is no transfer tax to be exempt from. IC 36-2-7-10 is the complete schedule of recorder charges ("The fees prescribed and collected under this section supersede all other recording fees required by law" — IC 36-2-7-10(b)) and contains no tax. TOD deeds are recorded under IC 32-17-14-11 for the standard $25 recording fee.). Indiana levies no documentary stamp, conveyance, or transfer tax on any deed. The only conveyance-triggered state charge is the $20 Sales Disclosure Form filing fee (IC 6-1.1-5.5-4), which applies only to transfers for valuable consideration and therefore not to a TOD deed.
Verified July 13, 2026 · Source
A Living Trust Covers More Than One Deed
A transfer-on-death deed moves a single property. A revocable living trust holds the home, bank and investment accounts, and other assets together, so the whole estate skips the Circuit Court — not just the house. For a Owen County family with more than one major asset, the trust is usually the cleaner plan.
Create a Revocable Trust in 15 minutes
Legal Sources
- IC 36-2-7-10(c)(1)
Data sourced from Indiana statutes and official state code. How we research.
Frequently Asked Questions
Deeds and other real property documents for Owen County are recorded with the County Recorder at 60 S Main Street, Room 201, Spencer, IN 47460. Call 812-829-5013 to confirm current recording procedures.
Recording a deed in Owen County costs $25 flat, regardless of page count; required form fees may include County Auditor's real property endorsement (transfer) ($10); TOD deeds are generally transfer-tax exempt. Page count, required cover sheets, and any local transfer tax can change the final total.
Owen County accepts electronic recording through Simplifile. Paper recording by mail or in person is also accepted.
The County Recorder is open Monday - Friday, 8:00 AM - 4:00 PM (closed 12:00 PM - 1:00 PM). Reach the office at 812-829-5013. Confirm whether walk-in or mail-in recording is preferred before you go.
Yes. Deeds recorded in Indiana must be signed in front of a notary before the County Recorder will accept them. A transfer-on-death deed follows the same execution rules — see the Owen County signing requirements.
A transfer-on-death (TOD) deed names a beneficiary who receives the property automatically when the owner dies, without probate. The deed is recorded with the County Recorderduring the owner’s lifetime. Start one with the Indiana TOD deed form.
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