Overview
Greene County is located in Indiana with a population of approximately 31,219. The Greene 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 process for estates valued at $100,000 or less (gross probate estate less liens and encumbrances). This procedure allows heirs to collect assets without formal court administration after a 45-day waiting period following the death.
Indiana does not have a statutory percentage fee schedule for attorneys or personal representatives. Fees must be "reasonable" and are subject to court approval for supervised estates.
This guide provides an informational overview of the Greene 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
Greene Circuit Court
Probate matters in Greene County are handled at the Greene County Courthouse.
Address: 1 E Main St, Bloomfield, IN 47424
Phone: (812) 384-8532 (Clerk's Office)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Clerk's Office and courts are located within the historic courthouse in downtown Bloomfield. The Circuit Court is typically located on the second floor.
Parking and Access
Street parking is generally available around the courthouse square. There is a security checkpoint at the main entrance; be prepared to 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 gross probate estate (less liens) is valued at $100,000 or less, you may be able to use a Small Estate Affidavit after waiting 45 days from the date of death.
- Transfer on Death (TOD): Real estate or vehicles with a TOD beneficiary designation transfer automatically outside of probate.
- 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 Greene Circuit Court. Include:
- Petition for Probate of Will (or Appointment of Personal Representative)
- Original Last Will and Testament (if applicable)
- Certified Death Certificate
- Filing fee ($177.00)
- Waivers of Notice (from heirs/beneficiaries, if applicable)
Attorneys are required to e-file documents via the Indiana E-Filing System (Odyssey). Pro se litigants may file in person at the Clerk's office.
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 Greene County (e.g., Greene County Daily World) for three successive weeks. The Clerk's office often assists with coordinating publication.
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 many unsupervised estates with waivers, the court may grant the petition without a formal hearing. Once approved, the Clerk issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Inventory and appraise all estate assets within 2 months of appointment.
- Allow the creditor claim period to expire (3 months after the first publication of notice).
- Pay valid creditor claims and administrative expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Closing Statement (for unsupervised estates) or Final Account (for supervised estates) to close the matter.
Local Requirements
Greene County-Specific Procedures
- E-Filing: Mandatory for all attorneys filing in Greene County courts. Unrepresented parties may file paper documents.
- Bond Requirements: A corporate surety bond is generally required for intestate estates (no will) unless all heirs waive the requirement and the court approves.
- Local Court Rules: Greene County has specific local rules regarding case assignments and motion practice. Check with the court for the most current local rules.
- Publication: Notice of Administration is typically published in the Greene County Daily World.
Always check with the Greene County Clerk's Office for the most up-to-date fee schedules and procedural requirements.
Timeline & Fees
Filing Fees (Greene County)
- Opening an Estate (Supervised or Unsupervised): $177.00
- Small Estate Affidavit (if filed with court): Varies (often no fee if not filed, or small recording fee if real estate involved)
- Certified copies of Letters: ~$1.00 per page + $3.00 certification fee
- Publication costs: Approximately $100-$150 (paid directly to the newspaper)
Indiana law requires attorney and executor fees to be reasonable. There is no statutory percentage, and fees in supervised estates are subject to judge approval.
Payment Methods
The Clerk's office accepts cash, money orders, and bank cashier's checks only. Personal checks and credit cards are not accepted.
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 (3 months from publication) is a mandatory waiting period that sets the minimum timeline.
Local Resources
Greene County Court Resources
- Court Website: Greene County Government
- Probate Self-Help: Indiana Legal Help
- Indiana Probate Forms: Indiana Judicial Branch
Legal Aid and Attorney Referrals
- Indiana State Bar Association: (317) 639-5465 — Legal Referral
- Indiana Legal Services: (844) 243-8570 — Free Legal Aid
Publication
- Greene County Daily World: (812) 847-4487 — Website