New Albany elder law and probate firm led by Bruce Brightwell, serving Floyd, Clark, Harrison, Orange, Scott, and Washington counties. Handles estate opening, appointment of executors, payment of estate debts and taxes, asset distribution, and probate litigation over will disputes. Practising in Indiana since 1998.
Estate Planning for Washington County, Indiana Property Owners
For most Washington 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 Washington 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 Washington 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, Washington 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 Washington County
A transfer on death deed names a beneficiary who receives Washington 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 Washington County are recorded with the County Recorder at 99 Public Square, Suite 100, Salem, IN 47167. Phone: 1-812-883-4001. Hours: Monday-Friday 8:00 AM-4:00 PM.
The County Recorder charges $25 flat, regardless of page count. Recording a 2-page transfer on death deed in Washington 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.
Recording Office Record
County Recorder
Washington County
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
99 Public Square, Suite 100, Salem, IN 47167
Website
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 deed | No transfer tax applies to TOD deeds |
IC 36-2-7-10(c)(1)
Verified October 16, 2026 · Source
Estate Planning Attorneys Serving Washington County
New Albany firm guiding families through probate in Floyd County and neighboring Southern Indiana counties (Clark, Harrison, Scott, Jefferson, Washington). Handles estate administration — filing the will, valuing assets, paying debts and taxes, distributing to beneficiaries — and will contests based on undue influence, lack of capacity, or fraud.
Jeffersonville firm in Clark County, grown from a practice commenced in 1905 and serving southern Indiana and the Louisville metro. Its probate work covers getting the personal representative appointed, accounting for and preserving estate assets, final tax filings, and distribution under the will or the intestacy statutes.
Century-old Seymour firm serving Jackson County and southern Indiana from a single office. Attorney Greg S. Morin handles estate administration and trusts alongside estate planning, and the firm's elder-law practice covers Medicaid and long-term-care planning, incapacity planning, and guardianships.
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.
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.
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.
Legal Sources
(2)·
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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Indiana Estate Planning Articles
Estate planning articles for Indiana.
