Overview
Hancock County is located in Indiana with a population of approximately 88,810. The Hancock 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 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 value). 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 in supervised estates.
This guide provides an informational overview of the Hancock 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
Hancock County Circuit Court
Probate matters in Hancock County are handled at the Hancock County Courthouse.
Address: 9 E Main Street, Room 302, Greenfield, IN 46140
Phone: (317) 477-1107 (Circuit Court)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Circuit Court is located on the third floor of the historic courthouse in downtown Greenfield.
Parking and Access
Street parking is available around the courthouse square. There is also a public parking lot located nearby. Security screening is required 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 gross probate estate is valued at $100,000 or less, you may be able to transfer assets via affidavit after 45 days without court involvement.
- Non-Probate Transfers: Assets with named beneficiaries (POD/TOD accounts, life insurance) or held in trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate of Will and Appointment of Personal Representative (or Petition for Appointment of Personal Representative for intestate estates) with the Hancock County Circuit Court. Include:
- Petition for Probate
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $177)
- Waiver of Notice consents from heirs (if applicable for unsupervised administration)
E-filing is mandatory for attorneys in Indiana and available for pro se litigants in many counties.
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 Hancock County (such as the Greenfield Daily Reporter) for three successive weeks.
Step 4: Attend the Hearing
The court may review the petition without a hearing if all waivers are filed. If a hearing is required, 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 first publication)
- Inventory and appraise all estate assets within 2 months
- 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) or Final Account (for supervised) to close the estate
Local Requirements
Hancock County-Specific Procedures
- E-filing: Indiana courts, including Hancock County, utilize the statewide e-filing system.
- Bond requirements: Bond is typically required unless waived by the will or by all beneficiaries, or if a corporate fiduciary is appointed.
- Local court rules: Hancock County may have specific local rules regarding the format of pleadings or scheduling. Check with the court clerk for the most recent local rules.
- Publication: Notice is typically published in the Greenfield Daily Reporter.
Always check with the Hancock County Clerk's office for the most up-to-date local forms and procedural requirements.
Timeline & Fees
Filing Fees (Hancock County)
- Opening an Estate: approximately $177
- Small Estate Affidavit: No court fee (unless recording real estate affidavit)
- Certified copies of Letters: approximately $2-$3 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Sheriff Service (if needed): approximately $28
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Credit cards may be accepted for e-filing or with an additional convenience fee.
Estimated Timelines
- Small Estate Affidavit: Minimum 45 days
- Unsupervised Administration: 6-9 months (minimum 3 months for creditor claims)
- Supervised/Contested Estates: 12 months to 2 years
The timeline is heavily influenced by the 3-month creditor claim period which begins after the first notice publication.
Local Resources
Hancock County Court Resources
- Court Website: hancockin.gov
- Probate Self-Help: Indiana Legal Help
- Indiana Probate Forms: public.courts.in.gov
Legal Aid and Attorney Referrals
- Hancock County Bar Association: Contact local court for directory
- Indiana Legal Services: (844) 243-8570 — indianalegalservices.org
- Indiana State Bar Lawyer Referral: inbar.org
Publication
- Greenfield Daily Reporter: (317) 462-5528 — greenfieldreporter.com