Overview
Decatur County is located in Indiana with a population of approximately 26,421. The Decatur County 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 Title 29 of the Indiana Code. The process begins with filing a Petition for Probate of Will and 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.
For smaller estates, Indiana offers a simplified Small Estate Affidavit procedure if the gross probate estate is valued at $100,000 or less (effective July 1, 2022). This allows heirs to collect assets without full 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 Decatur 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
Decatur County Circuit Court
Probate matters in Decatur County are handled at the Decatur County Courthouse.
Address: 150 Courthouse Square, Greensburg, IN 47240
Phone: (812) 663-8455 (Circuit Court)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Circuit Court is located in the historic courthouse in downtown Greensburg. The Clerk's office handles filings and records for probate cases.
Parking and Access
Street parking is 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 probate estate is valued at $100,000 or less, you may be able to use a Small Estate Affidavit after 45 days have passed since the death.
- Transfer on Death (TOD): Real estate or securities with a TOD designation pass directly to the beneficiary.
- 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 Decatur County Circuit Court. Include:
- Petition for Probate of Will (if applicable) and Appointment of Personal Representative
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $177)
- Waiver of Notice (if applicable)
Indiana requires mandatory e-filing for attorneys. 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 Decatur County (typically the Greensburg Daily News) for three successive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing on the petition, especially if the estate is supervised or if there are objections. For unsupervised administration with waivers, a hearing may not be required. Once approved, 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 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 Closing Statement or Final Account to close the estate
Local Requirements
Decatur County-Specific Procedures
- E-filing: Attorneys are required to e-file documents via the Indiana E-Filing System (IEFS).
- Local Rules: Decatur County follows the Indiana Rules of Trial Procedure. Check with the court for any specific local probate rules regarding bond amounts or inventory formats.
- Publication: Notice of administration is typically published in the Greensburg Daily News. The Clerk can assist with directing the notice to the publisher.
Always check with the Decatur County Clerk's office for the most current local requirements.
Timeline & Fees
Filing Fees (Decatur County)
- Opening an Estate: approximately $177.00
- Small Estate Affidavit: No court filing fee (affidavit is presented to asset holders), but recording fees may apply if real estate is involved.
- Certified copies of Letters: approximately $2.00 - $3.00 per copy
- Publication costs: approximately $100 - $150 depending on the length of the notice
- Sheriff Service (if needed): approximately $28.00
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
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
The creditor claim period in Indiana is 3 months from the date of the first published notice. The estate generally cannot be closed until this period expires and all claims are resolved.
Local Resources
Decatur County Court Resources
- Court Website: decaturcounty.in.gov
- Probate Self-Help: Indiana Legal Help
- Indiana Probate Forms: in.gov/courts
Legal Aid and Attorney Referrals
- Indiana State Bar Association: (317) 639-5465 — inbar.org
- Indiana Legal Services: (844) 243-8570 — indianalegalservices.org
Publication
- Greensburg Daily News: (812) 663-3111 — greensburgdailynews.com