Probate and Recording Deeds in Allen County (Fort Wayne), Indiana
Where to file a will or open probate, and where to record a deed, in Allen County (Fort Wayne) — with the state rules that apply.
Recording deeds
E-recording: yes - three vendors incl. CSC eRecording and ePN (https://www.allencountyrecorder.us/e-recording-information)
Recording fee: All other documents (other than mortgages) including re-recorded instruments: $25.00 (fee includes 1 oversize page); mortgages $55.00; additional pages exceeding 8.5 x 14 within any document $5.00 Fee schedule
Indiana rules that apply
| Small estate affidavit | If the gross probate estate, minus liens, encumbrances and reasonable funeral expenses, is $100,000 or less (for deaths after June 30, 2022), a distributee can collect money owed to the decedent, personal property, bank accounts, securities and safe deposit box contents by affidavit 45 days after death, if no personal representative has been appointed or applied for. Vehicle and watercraft titles can be transferred by the BMV with an affidavit signed by all distributees. The affiant must notify all distributees. The affidavit does not cover real estate. Earlier limits: $50,000 for deaths from July 1, 2006 through June 30, 2022; $25,000 for earlier deaths. Re-verified 2026-10-27. Source: IC 29-1-8-1 |
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| Probate steps | Main steps: petition the court to probate the will and/or appoint a personal representative; letters issued; as soon as letters are issued, publish notice of administration once a week for two consecutive weeks and mail it to heirs, beneficiaries and known creditors; prepare a verified inventory within two months after appointment (given to interested persons who ask, unless filed with the court); pay claims; distribute property; and close the estate. Re-verified 2026-10-27. Source: IC 29-1-7-7, 29-1-12-1 |
| Signing and recording a deed | To be recorded, a deed must carry an acknowledgment or a proof performed by a notarial officer (an acknowledgment may also be taken by a remote notary public) and meet the notarial and county recording requirements. A conveyance must also include a statement of the mailing address for property tax statements and the grantee's mailing address (a street or rural route address). Deeds are recorded with the county recorder where the land is located. County recording rules (such as county auditor endorsement and a sales disclosure form for many transfers) are set in other sections. Re-verified and corrected 2026-10-27. Source: IC 32-21-2-3 |
| Transfer-on-death deed | Yes. A transfer on death deed must be signed by the owner (or the owner's legal representative) and recorded with the county recorder in the county where the land is located before the owner dies, with the county auditor's endorsement; an unrecorded deed is void. No consideration or delivery to the beneficiary is required. Re-verified 2026-10-27. Source: IC 32-17-14-11 |
All Indiana wills, probate and estate rules · Eviction court and tenant help in Allen County (Fort Wayne)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.