Overview
Daviess County is located in Indiana with a population of approximately 33,400. The Daviess 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 for Issuance of Letters 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 procedure for small estates. If the gross probate estate (less liens and encumbrances) is valued at $100,000 or less, beneficiaries may use a Small Estate Affidavit to transfer assets without formal court administration after a 45-day waiting period.
Indiana does not have a statutory percentage 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 Daviess 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
Daviess Circuit Court
Probate matters in Daviess County are handled at the Daviess County Courthouse.
Address: 200 E Walnut St, Washington, IN 47501
Phone: (812) 254-8664 (Clerk's Office)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Clerk of the Circuit Court handles all filings. The Circuit Court is located in the historic courthouse in downtown Washington.
Parking and Access
Street parking is generally available around the courthouse square. The building is accessible to the public during business hours with security screening at the entrance.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the gross estate (less liens) is $100,000 or less, you may transfer assets via affidavit after 45 days.
- Summary Administration: Available if the estate value does not exceed the allowance for the surviving spouse/dependent children plus administration costs.
- 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 Daviess Circuit Court. 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)
- Waivers or Consents from heirs (if applicable)
Indiana requires attorneys to file documents electronically via the Indiana E-Filing System (IEFS). Self-represented litigants may file in person at the Clerk's office.
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 Daviess County (such as the Washington Times-Herald) 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. If a hearing is scheduled, the judge reviews the petition and, if approved, 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 the first publication of notice)
- Inventory and appraise all estate assets within 2 months of appointment
- Pay valid creditor claims and estate expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting (or a closing statement in unsupervised administration) to close the estate
Local Requirements
Daviess County-Specific Procedures
- E-Filing: Mandatory for attorneys; optional for pro se litigants.
- Bond requirements: Bond is typically required for personal representatives unless waived by the will or the court.
- Local court rules: Daviess County follows Indiana Rules of Trial Procedure. Check with the Clerk for any specific local checklists.
- Publication: Notice must be published in a newspaper of general circulation in Daviess County for three consecutive weeks.
The Washington Times-Herald is the primary newspaper used for legal notices in the county.
Timeline & Fees
Filing Fees (Daviess County)
- Estate Opening (Supervised or Unsupervised): approximately $177
- Sheriff Service (if needed): approximately $28
- Certified copies of Letters: approximately $2 per certified copy
- Publication costs: approximately $150-$250 depending on the newspaper
- Guardianship: approximately $177
Fees for personal representatives and attorneys are not fixed by statute but must be reasonable and commensurate with the services provided.
Payment Methods
The court accepts cash, cashier's checks, or money orders. Credit cards may be accepted with a processing fee. Personal checks are generally not accepted from pro se litigants.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
The creditor claim period is 3 months from the date of first publication. The inventory is due 2 months after the appointment of the personal representative.
Local Resources
Daviess County Court Resources
- Court Website: daviess.org
- Probate Self-Help: Indiana Legal Help
- Indiana Probate Forms: Indiana Judicial Branch
Legal Aid and Attorney Referrals
- Indiana State Bar Association: (317) 639-5465 — Statewide legal resources
- Indiana Legal Services: (844) 243-8570 — Free legal assistance for eligible low-income residents
- Indiana Bar Referral: inbar.org
Publication
- Washington Times-Herald: (812) 254-0487 — Daily newspaper serving Daviess County