Overview
Floyd County is located in Indiana with a population of approximately 80,484. The Floyd 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 Indiana Code Title 29. The process begins with filing a Petition for Probate 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.
Small Estate Affidavit: Indiana allows for a simplified process if the gross estate value (less liens and encumbrances) does not exceed $100,000. There is a mandatory 45-day waiting period after death before this affidavit can be used.
Statutory Fees: Indiana does not have a fixed 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 Floyd 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
Floyd County Circuit Court
Probate matters in Floyd County are handled at the City-County Building.
Address: 311 Hauss Square, Room 235, New Albany, IN 47150
Phone: (812) 948-5411 (Clerk's Office)
Hours: Monday through Friday, 8:00 AM to 12:00 PM and 1:00 PM to 4:00 PM (closed for lunch 12:00-1:00 PM)
The Clerk's Office is located on the second floor of the City-County Building. The Circuit Court has a dedicated Probate Division that oversees estate administration.
Parking and Access
Public parking is available around Hauss Square and in nearby municipal lots. Visitors must pass through security screening upon entering the building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $100,000 or less (after liens), you may be able to transfer assets via affidavit after a 45-day waiting period.
- Non-Probate Transfers: Assets with named beneficiaries (POD/TOD accounts, life insurance) or held in trust generally bypass probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate with the Floyd County Circuit Court. Include:
- Petition for Probate of Will and Appointment of Personal Representative
- Original Last Will and Testament (if applicable)
- Certified Death Certificate
- Filing fee (approximately $177.00)
- Waiver of Notice (if applicable)
E-filing is mandatory for attorneys in Indiana and available for self-represented litigants.
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 Floyd County (such as the News and Tribune) for three successive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing to admit the will and appoint the personal representative. If the petition is uncontested and all waivers are filed, a hearing might not be required. Once approved, the Clerk issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Prepare and file an Inventory of estate assets within 2 months of appointment.
- Notify creditors (claims must be filed within 3 months of publication).
- Pay valid debts, taxes, and administrative expenses.
- Distribute remaining assets to beneficiaries.
- File a Final Accounting and Petition for Discharge to close the estate.
Local Requirements
Floyd County-Specific Procedures
- E-filing: Indiana courts utilize a statewide e-filing system. Attorneys are required to e-file; pro se litigants are encouraged to do so.
- Bond: The court typically requires a corporate surety bond unless the will waives it or all heirs consent to waive it.
- Local Rules: Floyd County courts may have specific local rules regarding the format of pleadings and scheduling. Check with the Clerk for the most current local practices.
- Publication: Notice is typically published in the News and Tribune.
Timeline & Fees
Filing Fees (Floyd County)
- Estate (Supervised or Unsupervised): approximately $177.00
- Guardianship: approximately $177.00
- Civil Plenary: approximately $232.00
- Publication costs: approximately $100-$200 (paid directly to the newspaper)
Payment Methods
The Clerk accepts cash, cashier's checks, money orders, and credit cards (with a processing fee). Personal checks may not be accepted for initial filings.
Estimated Timelines
- Small Estate Affidavit: Minimum 45 days post-death.
- Unsupervised Administration: 6-9 months (if uncontested).
- Supervised/Contested Estates: 12 months or longer.
The creditor claim period is 3 months from the date of the first published notice.
Local Resources
Floyd County Court Resources
- Court Website: floydcountyclerk.org
- Indiana Courts: 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
- News and Tribune: (812) 283-6636 — newsandtribune.com