Overview
Dubois County is located in Indiana with a population of approximately 43,637. The Dubois 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 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 (gross value less liens and encumbrances). This allows heirs to collect assets 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 Dubois 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
Dubois Circuit Court
Probate matters in Dubois County are handled at the Dubois County Courthouse.
Address: One Courthouse Square, Jasper, IN 47546
Phone: (812) 481-7035 (Clerk's Office)
Hours: Monday, Tuesday, Thursday, Friday 8:00 AM to 4:00 PM; Wednesday 8:00 AM to 6:00 PM
The Circuit Court is located on the main floor of the historic courthouse in downtown Jasper. The Clerk of the Circuit Court accepts all probate filings.
Parking and Access
Free parking is available on the streets surrounding the courthouse square. There is a security checkpoint at the main entrance; visitors must pass through a metal detector.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate (less liens and encumbrances) 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.
- Non-Probate Transfers: Assets with named beneficiaries (life insurance, IRAs) or held jointly with rights of survivorship pass directly to the survivor.
- 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 Dubois Circuit Court. Include:
- Petition for Probate of Will (if applicable) and Appointment of Personal Representative
- Original Last Will and Testament (if one exists)
- Certified death certificate
- Filing fee (approximately $177.00)
- Waiver of Notice consents from heirs (if applicable to speed up the process)
Indiana requires electronic filing (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 Dubois County (such as The Herald) for three successive weeks. The Clerk's office often assists with coordinating this publication.
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 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 Account and Petition to Settle and Allow Account to close the estate
Local Requirements
Dubois County-Specific Procedures
- E-Filing: Indiana courts, including Dubois County, utilize the statewide e-filing system. Attorneys are required to e-file.
- Local Rules: The Dubois Circuit Court has specific local rules regarding the format of pleadings and courtroom conduct.
- Bond: The court may require a corporate surety bond unless the will waives it or all heirs consent to waive it.
- Publication: Notice is typically published in The Herald. The publication fee is separate from the court filing fee.
Always check with the Dubois County Clerk's office for the most current local forms and procedural requirements.
Timeline & Fees
Filing Fees (Dubois County)
- Probate Filing Fee: approximately $177.00
- Small Estate Affidavit: No court filing fee (if not filed with court); 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 newspaper
- Sheriff Service (if needed): $28.00
Payment Methods
The Clerk accepts cash, cashier's checks, and money orders. Credit cards may be accepted with a convenience fee. Personal checks are generally not accepted for new case filings.
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 the first published notice. The estate generally cannot be closed until this period expires and all claims are resolved.
Local Resources
Dubois County Court Resources
- Court Website: Dubois County Courts
- Probate Self-Help: Indiana Legal Help
- Indiana Probate Forms: Indiana Judicial Branch Forms
Legal Aid and Attorney Referrals
- Indiana State Bar Association: (317) 639-5465 — Lawyer Referral
- Indiana Legal Services: (844) 243-8570 — Provides legal assistance to eligible low-income residents.
Publication
- The Herald: (812) 482-2424 — Website