Overview
Henry County is located in Indiana with a population of approximately 49,081. The Henry Circuit & Superior Courts handle 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.
For smaller estates, Indiana offers a Small Estate Affidavit procedure for estates valued at $100,000 or less (gross probate estate value less liens and encumbrances). This process can be used 45 days after death and does not require opening a formal court estate.
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 Henry 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
Henry County Courts
Probate matters in Henry County are filed with the Clerk's Office and heard in the Circuit or Superior Courts located at the Henry County Justice Center.
Address: 1215 Race Street, New Castle, IN 47362
Phone: (765) 529-6401 (Clerk's Office)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Clerk's Office is located in Suite 120. Security screening is required upon entering the Justice Center.
Parking and Access
Public parking is available around the Justice Center and in nearby street parking spots. The building is accessible to persons with disabilities.
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 a 45-day waiting period.
- Joint Tenancy/Beneficiary Designations: Assets held jointly with rights of survivorship or with named beneficiaries (POD/TOD) generally bypass 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 of Will and/or Appointment of Personal Representative with the Henry County Clerk. Include:
- Petition for Probate
- Original Last Will and Testament (if applicable)
- Certified Death Certificate
- Filing fee (approximately $177)
- Waiver of Notice (if applicable)
Indiana courts mandate e-filing for attorneys. Self-represented litigants may file in person, but e-filing is encouraged.
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 Henry County (e.g., The Courier-Times) for three successive weeks. The Clerk often facilitates this publication upon filing.
Step 4: Attend the Hearing
The court may schedule a hearing on the petition, especially if there are questions about the will or the proposed personal representative. In unsupervised administration cases with no disputes, a hearing might not be required for the initial appointment.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Prepare an Inventory of estate assets within 60 days.
- Notify creditors and allow for the 3-month claim period (after first publication).
- Pay valid administrative expenses, taxes, and claims.
- Distribute remaining assets to beneficiaries.
- File a Closing Statement or Final Account to close the estate.
Local Requirements
Henry County-Specific Procedures
- E-Filing: Indiana requires attorneys to e-file all documents. Pro se litigants are permitted to file paper documents but may opt into e-filing.
- Bond: The court may require a corporate surety bond unless the will waives it or all beneficiaries consent to waive it.
- Publication: Notice of administration is typically published in The Courier-Times. The Clerk's office collects the publication fee at the time of filing.
- Local Rules: Check with the Henry County courts for specific local rules regarding guardianship and estate administration.
Timeline & Fees
Filing Fees (Henry County)
- Opening an Estate: approximately $177 (includes basic court costs)
- Small Estate Affidavit: No court filing fee if used out of court; recording fees apply if recording with the Recorder.
- Publication costs: approximately $100-$150 (payable to the newspaper, often collected by the Clerk).
- Certification of Letters: ~$2.00 - $3.00 per copy.
Payment Methods
The Clerk accepts cash, cashier's checks, money orders, and credit/debit cards (service fees apply). Personal checks may not be accepted for initial filings.
Estimated Timelines
- Small Estate Affidavit: Can be used 45 days after death.
- Unsupervised Administration: Typically 6-9 months (minimum hold period for creditor claims is 3 months).
- Supervised/Contested Estates: 12 months or longer depending on complexity.
Local Resources
Henry County Court Resources
- Court Website: henrycounty.in.gov
- Probate Self-Help: indianalegalhelp.org
- Indiana Court Forms: 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
- The Courier-Times: (765) 529-1111 — Newspaper of general circulation in New Castle and Henry County.