Overview
Hendricks County is located in Indiana with a population of approximately 190,629. The Hendricks County Superior 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.
For smaller estates, Indiana offers a Small Estate Affidavit procedure if the gross probate estate is valued at $100,000 or less. This process allows heirs to collect assets without full court administration after a 45-day waiting period.
Filing fees in Hendricks County are typically around $177.00 for opening an estate, though costs can vary based on service of process and publication requirements.
This guide provides an informational overview of the Hendricks 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
Hendricks County Superior Court
Probate matters in Hendricks County are handled at the Hendricks County Courthouse.
Address: 51 W Main St #104, Danville, IN 46122
Phone: 317-745-9231 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Clerk of the Circuit and Superior Courts is responsible for maintaining all probate records. The probate division is located within the main courthouse in Danville.
Parking and Access
Public parking is available around the courthouse square in Danville. There is also a public parking lot located near the government center. Security screening is required for all visitors entering the courthouse.
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 (gross probate estate), you may be able to use a Small Estate Affidavit after 45 days have passed since the death.
- Joint Tenancy/Survivorship: Assets held jointly with rights of survivorship pass directly to the surviving owner.
- 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 Hendricks County Superior Court. Include:
- Petition for Probate of Will and/or Appointment of Personal Representative
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $177.00)
- Waiver of Notice (if applicable)
Indiana utilizes a statewide e-filing system, which is available for attorneys and self-represented litigants in Hendricks County.
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 Hendricks County (such as The Republican) 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 might 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 after the first publication of notice or 9 months after death if no notice is published).
- Inventory and appraise all estate assets within 2 months of appointment.
- 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
Hendricks County-Specific Procedures
- E-filing: Hendricks County participates in the Indiana statewide e-filing system.
- Local Rules: Be sure to check the Hendricks County Local Court Rules for specific requirements regarding bond, inventory formatting, and attorney fees.
- Publication: Notice is typically published in The Republican or another approved newspaper of general circulation in Hendricks County.
- Bond: The court may require a bond unless the will waives it or all heirs agree to waive it.
Always check with the Hendricks County Clerk's office for the most up-to-date fee schedule and procedural requirements.
Timeline & Fees
Filing Fees (Hendricks County)
- Opening an Estate: approximately $177.00
- Small Estate Affidavit: No court filing fee if used out of court; nominal recording fee if recorded.
- Certified copies of Letters: approximately $2.00 - $5.00 per copy
- Publication costs: approximately $100 - $200 depending on the newspaper
- Sheriff Service: Additional fees apply if Sheriff service is required.
Payment Methods
The Clerk's office typically accepts cash, cashier's checks, money orders, and credit/debit cards (with a processing fee). Personal checks may not be 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 or more
The creditor claim period in Indiana is generally 3 months from the date of the first publication of notice. The estate cannot be closed until this period expires and all claims are resolved.
Local Resources
Hendricks County Court Resources
- Court Website: co.hendricks.in.us
- Probate Self-Help: Indiana Legal Help
- Indiana Probate Forms: in.gov/courts
Legal Aid and Attorney Referrals
- Hendricks County Bar Association: Contact local attorneys directly.
- Indiana State Bar Association: inbar.org
- Indiana Legal Services: indianalegalservices.org
Publication
- The Republican: 317-745-2777 — therepublicannewspaper.com