Overview
Boone County is located in Indiana with a population of approximately 78,773. The Boone County Circuit and Superior Courts handle all probate and estate matters for decedents who were domiciled in the county at the time of death.
Indiana probate is governed by Title 29 of the Indiana Code. The process begins with filing a Petition for Probate of Will and Appointment of Personal Representative (or Petition for Appointment of Personal Representative for intestate estates) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Indiana offers a simplified Small Estate Affidavit procedure for estates valued at $100,000 or less (gross probate estate value less liens and encumbrances). This process allows assets to be transferred without formal court administration after a 45-day waiting period.
Indiana does not have a statutory fee schedule for attorneys or personal representatives; fees must be reasonable and are subject to court approval.
This guide provides an informational overview of the Boone County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Boone County Clerk
Probate matters in Boone County are handled at the Boone County Courthouse.
Address: 212 Courthouse Square, Lebanon, IN 46052
Phone: (765) 482-3510 (Clerk's Office)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Clerk's Office is located on the second floor of the historic courthouse in downtown Lebanon. The Circuit and Superior Courts are also housed within the courthouse complex.
Parking and Access
Free street parking is generally available around the Courthouse Square. There are also public parking lots nearby in downtown Lebanon. Visitors pass through security screening upon entering the courthouse.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the gross probate estate (less liens) is valued at $100,000 or less, you may be able to transfer assets via affidavit after 45 days without opening a court case.
- Non-Probate Transfers: Assets with named beneficiaries (POD/TOD accounts, life insurance) or held in trust generally do not require probate.
- Joint Tenancy: Real estate owned as "joint tenants with rights of survivorship" or "tenants by the entireties" passes automatically to the surviving owner.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate with the Boone County Clerk. Include:
- Petition for Probate of Will (if applicable) and Appointment of Personal Representative
- Original Last Will and Testament (if applicable)
- Certified Death Certificate
- Filing fee (approximately $177)
- Waiver of Notice and Consents from heirs (to speed up the process)
Indiana requires e-filing for attorneys. Self-represented litigants may file in person, but e-filing is encouraged.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the administration to all heirs, beneficiaries, and known creditors.
- Publish notice in a newspaper of general circulation in Boone County (e.g., The Lebanon Reporter) for three successive weeks. The Clerk often facilitates this publication upon filing.
Step 4: Attend the Hearing
The court may schedule a hearing on the petition, though many uncontested petitions are approved without a formal hearing. Once approved, the Clerk issues Letters Testamentary or Letters of Administration, giving the Personal Representative legal authority to act.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 3 months from the date of first publication to file claims)
- Inventory and appraise all estate assets within 60 days of appointment
- Pay valid creditor claims and estate expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Final Account and Petition to Settle and Allow Account (or a Closing Statement for unsupervised estates) to close the estate
Local Requirements
Boone County-Specific Procedures
- E-Filing: Mandatory for attorneys; pro se litigants may file paper documents at the Clerk's office.
- Local Court Rules: Boone County courts may have specific local rules regarding bond requirements and inventory filing. Check with the court for the most recent Local Rules.
- Bond: A bond is typically required unless the will waives it or all heirs consent to waive it.
- Publication: Notice of Administration is typically published in The Lebanon Reporter or Zionsville Times Sentinel.
Consult the Boone County Clerk's office for specific local forms or checklists.
Timeline & Fees
Filing Fees (Boone County)
- Opening an Estate: approximately $177
- Small Estate Affidavit: No court filing fee if handled out of court; recording fees may apply if real estate is involved.
- Certified copies of Letters: approximately $2.00 - $4.00 per copy
- Publication costs: approximately $100-$150 (paid directly to the newspaper)
- Sheriff Service (if needed): ~$28.00
Fees are subject to change. Verify exact amounts with the Clerk.
Payment Methods
The court accepts cash, cashier's checks, and money orders. Credit/debit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates (unsupervised): 6-9 months (minimum 3 months for creditor claims)
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
The 3-month creditor claim period (starting from the first publication date) is a mandatory waiting period before the estate can be fully closed.
Local Resources
Boone County Court Resources
- Court Website: boonecounty.in.gov
- Probate Self-Help: Indiana Legal Help
- Indiana Probate Forms: public.courts.in.gov
Legal Aid and Attorney Referrals
- Boone County Bar Association: Contact local court administration for current officers.
- Indiana Legal Services: (844) 243-8570 — indianalegalservices.org
- Indiana State Bar Lawyer Referral: inbar.org
Publication
- The Lebanon Reporter: (765) 482-4650 — reporter.net
- Zionsville Times Sentinel: (317) 873-6397 — zionsvilletimes.com