Estate Planning for St. Joseph County, Indiana Property Owners

For most St. Joseph 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 St. Joseph County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Probate Court. The two tools that keep a St. Joseph 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, St. Joseph County property passes through the Probate 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 St. Joseph County

A transfer on death deed names a beneficiary who receives St. Joseph 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 →St. Joseph County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for St. Joseph County are recorded with the County Recorder at 227 West Jefferson Boulevard, Room 321, South Bend, IN 46601. Phone: 1-574-235-9525. 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 St. Joseph 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.

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

Recording Office Record

County Recorder

St. Joseph County

Hours

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

Office

227 West Jefferson Boulevard, Room 321, South Bend, IN 46601

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 St. Joseph County

Solo PracticeMishawaka, IN

Godfrey Law Offices

Serves 1 county

Mishawaka/South Bend firm serving St. Joseph County and northern Indiana with probate and trust administration. Attorney Chris Godfrey handles estate settlement and trust administration alongside estate planning, elder law, life-care planning, and asset protection. Integrates clients' retirement assets into planning through the firm's structured process.

PracticesEstate PlanningTrust AdministrationProbateElder LawAsset Protection

Office
215 Red Coach DrMishawaka, IN 46545

FirmSouth Bend, IN

Hahn|Walz Attorneys at Law

Since 1986 · Serves 2 counties

South Bend firm serving St. Joseph County and northern Indiana, with a practice tracing back to the 1920s. Handles probate administration following a death, estate settlement, and Medicaid planning, with attorneys covering wills, trusts, and general civil and probate litigation.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 3 more

Office
509 W Washington StSouth Bend, IN 46601

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

Solo PracticeSouth Bend, IN

The Law Office of Mary L. Kohn, P.C.

Since 1994 · Serves 2 counties

Mary L. Kohn's South Bend firm serves St. Joseph and Elkhart counties in the Michiana area. Probate work includes property appraisal and sale, locating missing heirs, obtaining account balances, and establishing estate debt-payment plans, with in-home consultations for clients unable to travel.

PracticesEstate PlanningProbateElder LawWills Trusts

Office
1650 South Bend AveSouth Bend, IN 46617

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

FirmSchererville, IN

Kelly Law Offices LLC

Serves 7 counties

Northwest Indiana firm based in Schererville (Lake County), with a second office in South Bend, handling estate administration after a death as well as planning. Represents clients in contested matters including will contests and breach-of-fiduciary-duty disputes, and employs in-house accountants for estate tax planning.

PracticesEstate PlanningProbateProbate LitigationTax PlanningWills Trusts

Office
1619 Junction AveSchererville, IN 46375
Free consultation
See all 21 firms serving St. Joseph 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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