Indiana Probate Court

The legal process of managing a deceased person’s estate is known as probate. It involves settling all outstanding debts and distributing the remaining assets to the beneficiaries. Probate is a fairly common process. However, the process varies depending on the state.

The probate process in Indiana offers a simple way to handle smaller estates and an option for either court-supervised or independent administration for larger estates. Understanding the basics of the probate process in Indiana, along with the cost and types of probate cases, is required when searching probate records.

How the Probate Process Works in Indiana

Probate in Indiana starts with filing a petition in the Circuit Court or Superior Court of the county where the decedent lived. In the event of a valid will, the court verifies it and appoints the executor. If no will exists, the court appoints an administrator according to the state’s intestacy statutes.

Afterward, the executor or administrator is required to notify heirs and creditors, compile an inventory of assets, pay debts and taxes, and distribute the estate. Indiana differentiates between supervised administration (where the court oversees each stage) and unsupervised administration (where the executor manages an estate with minimal court oversight). Typically, simple estates are resolved in six months, while contested or supervised cases may take a year or more.

What Are the Costs of Probate in Indiana?

In Indiana, some costs incurred during probate include court filing fees, publication costs, executor compensation, and attorney’s fees. Petitioners may expect to pay up to $177 to file a probate case.

Additionally, executors are entitled to reasonable compensation, which is often a percentage of the estate. Attorneys, on the other hand, may charge by the hour or at flat rates. Small estates that qualify for simplified procedures may cost only a few hundred dollars, while larger or contested cases may cost several thousand dollars.

Types of Probate Cases in Indiana

Indiana law recognized various types of probate cases, including the following:

• Testate Probate: This is the legal process of handling a deceased person’s estate when they leave a valid will.
• Intestate Probate: If no will exists, a deceased person’s property is distributed under the state’s intestacy law.
• Supervised Administration: This process is often used in contested or complex estates and requires full oversight.
• Unsupervised Administration: This is a streamlined process with little court supervision. It is typically used for straightforward estates where all heirs agree.
• Small Estate Affidavit: This legal document allows heirs to claim property from a deceased person’s estate without going through a formal probate process.

Indiana Probate Court Forms and Filing Instructions

Interested parties may find probate forms on the website of the Indiana Judicial Branchand local county clerk offices. Common filings include petitions to open probate, small estate affidavits, inventories, and closing statements. Since requirements can vary, petitioners should consult the local Circuit or Superior Court Clerk for detailed instructions on filing a probate case.

How Indiana Probate Courts Work at the County Level

Both Circuit and Superior Courts in each of Indiana's 92 counties process probate matters. While governed by statewide probate law, counties differ in filing procedures, fees, and online record availability.

See below the top 10 counties by population in Indiana and their Probate Courts:

1. Marion County Superior Court’s Civil Division (Indianapolis) – Handles probate cases by validating wills and appointing a personal representative.
2. Lake County Circuit Court Probate (Crown Point) – Uses streamlined probate filing guides to help individuals navigate the probate process.
3. Allen County Superior Court Probate Division (Fort Wayne) – This division supervises estate administration and also handles probate litigation.
4. Hamilton County Superior Court (Noblesville) – This court efficiently handles unsupervised estates.
5. St. Joseph County Probate Court (South Bend) – Oversees all probate-related matters, including trusts, wills, and estates.
6. Elkhart County Superior Court No. 1(Elkhart) – This court simplifies the process of transferring assets through a small estate affidavit, thereby saving money for the beneficiaries.
7. Tippecanoe County Circuit Court (Lafayette) – Offers user-friendly guidance for self-represented litigants filing probate matters.
8. Vanderburgh County Superior Court (Evansville) – Individuals may request to examine archived documents maintained by the court clerk in probate cases by submitting a public records request.
9. Porter County Superior Court (Valparaiso) – Handles probate matters through an organized process.
10. Hendricks County Superior Court No. 2 (Danville) – This court received filings for miscellaneous, supervised, and unsupervised estates.

How to Search Probate Records in Indiana

Indiana probate records can be accessed by the public unless sealed by court order. These records typically include wills, petitions, inventories, executor details, creditor claims, and final distributions. Probate record searches can be conducted online through the Indiana Odyssey Case Management System, which provides statewide court access, or in person at county clerk offices. For a small fee, interested parties can request certified copies of probate documents.