Overview
Brown County is located in Indiana with a population of approximately 15,650. The Brown Circuit Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Indiana probate is governed by Indiana Code Title 29. The process begins with filing a Petition for Probate of Will and Issuance of Letters (or Petition for Appointment of Personal Representative) 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, which can be used 45 days after death.
Indiana does not have a statutory fee schedule for attorneys or personal representatives; fees must be reasonable and are subject to court approval in supervised estates.
This guide provides an informational overview of the Brown 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
Brown Circuit Court
Probate matters in Brown County are handled at the Brown County Courthouse.
Address: 20 E Main Street, Second Floor, Nashville, IN 47448
Phone: (812) 988-7557 (Circuit Court)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The court is located in the historic courthouse in downtown Nashville. The Circuit Court has jurisdiction over all probate matters.
Parking and Access
Street parking is available around the courthouse square and in nearby public lots. The building is accessible to the public during business hours.
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 is valued at $100,000 or less, you may be able to transfer assets via affidavit after a 45-day waiting period.
- Transfer on Death (TOD): Real estate and vehicles with TOD designations transfer automatically to beneficiaries.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate with the Brown Circuit Court. Include:
- Original Will (if applicable)
- Petition for Appointment of Personal Representative
- Certified Death Certificate
- Filing fee ($177.00)
- Waivers of Notice (if applicable)
E-filing is mandatory for attorneys in Indiana via the statewide Odyssey system.
Step 3: Provide Notice
After filing, you must:
- Mail notice of administration to all heirs, beneficiaries, and known creditors.
- Publish notice in a newspaper of general circulation in Brown County (e.g., Brown County Democrat) for three successive weeks.
Step 4: Attend the Hearing
The court will review the petition. If the estate is unsupervised and waivers are filed, a hearing may not be required. For supervised estates or contested matters, a hearing will be scheduled. Upon approval, the judge issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (claims must be filed within 3 months of first publication)
- Inventory and appraise all estate assets within 60 days
- Pay valid creditor claims and administrative expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting (or closing statement) and petition for discharge
Local Requirements
Brown County-Specific Procedures
- E-Filing: Mandatory for all attorneys; pro se litigants may file in person.
- Bond requirements: Bond is generally required for personal representatives unless waived by the will or by all heirs/beneficiaries.
- Local court rules: Consult Brown County Local Rules (specifically LR07-PR00-30) for notice and procedural requirements.
- Publication: Notice must be published in a newspaper of general circulation in Brown County for three consecutive weeks.
The court may require a status hearing if the estate is not closed within one year.
Timeline & Fees
Filing Fees (Brown County)
- Opening an Estate: approximately $177.00
- Sheriff Service: approximately $28.00 (if needed)
- Certified copies of Letters: approximately $2.00 per copy + $1.00 certification
- Publication costs: approximately $100-$150 depending on the newspaper
- Guardianship: approximately $177.00
Indiana does not set statutory percentage fees for attorneys or executors. Fees must be "reasonable" based on the complexity of the estate.
Payment Methods
The court accepts cash, money orders, and credit/debit cards (convenience fees apply). Personal checks may not be accepted from pro se litigants.
Estimated Timelines
- Simple estates (unsupervised): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
The creditor claim period is 3 months from the date of first publication, which sets a minimum duration for the process.
Local Resources
Brown County Court Resources
- Court Website: browncounty-in.gov
- Probate Self-Help: Indiana Legal Help
- Indiana Judicial Branch Forms: in.gov/courts
Legal Aid and Attorney Referrals
- Indiana State Bar Association: (317) 639-5465 — Lawyer referral service
- Indiana Legal Services: (844) 243-8570 — Legal aid for low-income residents
- Indiana Bar Referral: inbar.org
Publication
- Brown County Democrat: (812) 988-2221 — Official newspaper for legal notices
- The Republic: (812) 372-7811 — Regional newspaper serving the area