Overview
Howard County is located in Indiana with a population of approximately 83,658. The Howard Circuit and 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 of Will and 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 procedure for estates valued at $100,000 or less (gross probate estate value less liens and encumbrances). This process allows heirs to collect assets without formal court administration after a 45-day waiting period following the death.
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 Howard 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
Howard County Courthouse
Probate matters in Howard County are handled at the Howard County Courthouse.
Address: 104 N Buckeye St, Kokomo, IN 46901
Phone: (765) 456-2000 (Clerk's Office)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Clerk of the Circuit Court is responsible for maintaining all probate records. The courts are located in the historic courthouse in downtown Kokomo.
Parking and Access
Street parking is available around the courthouse square. There are also public parking lots nearby. 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 gross probate estate (less liens) is valued at $100,000 or less, you may be able to use a Small Estate Affidavit after 45 days.
- Joint Tenancy/Beneficiary Designations: Assets with named beneficiaries or held jointly with rights of survivorship pass 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 Howard County Clerk. Include:
- Petition for Probate of Will (if applicable) and Appointment of Personal Representative
- Original Last Will and Testament (if applicable)
- Certified death certificate
- Filing fee (approximately $177–$205)
- Waiver of Notice (if beneficiaries agree)
Indiana requires mandatory e-filing for attorneys. Self-represented litigants may file in person but are encouraged to use e-filing services.
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 Howard County (such as the Kokomo Tribune) for three successive weeks. The Clerk often assists with facilitating this publication.
Step 4: Attend the Hearing
The court may schedule a hearing on the petition, though many uncontested probates are handled administratively. If approved, the judge issues Letters Testamentary (for wills) or Letters of Administration (no will).
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 3 months from the date of first publication to file claims)
- Inventory and appraise all estate assets within 60 days
- Pay valid creditor claims and administrative expenses
- File federal and state tax returns (including Indiana inheritance tax if applicable for older estates, though repealed for deaths after 2013)
- Distribute assets to beneficiaries
- File a Final Account and Petition to Settle and Allow Account (or a Closing Statement for unsupervised administration)
Local Requirements
Howard County-Specific Procedures
- E-filing: Indiana courts, including Howard County, utilize the statewide e-filing system. Attorneys must e-file.
- Bond requirements: The court may require a corporate surety bond unless the will waives it or all heirs consent to waive it.
- Local court rules: Howard County has specific local rules regarding case assignments between the Circuit and Superior courts.
- Publication: Notice is typically published in the Kokomo Tribune.
Always check with the Howard County Clerk's office for the most up-to-date local forms and procedural requirements.
Timeline & Fees
Filing Fees (Howard County)
- Opening an Estate: approximately $177.00 (base fee) to $205.00 (with service)
- Small Estate Affidavit: No court filing fee if handled out of court; recording fees may apply if recorded with the Recorder.
- Publication costs: approximately $100–$150 depending on the newspaper
- Certified copies of Letters: approximately $2.00–$3.00 per copy
Payment Methods
The Clerk accepts cash, cashier's checks, and money orders. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Small Estate (Affidavit): Minimum 45 days waiting period.
- Unsupervised Administration: 6–9 months (if no contests).
- Supervised Administration: 9–12+ months.
- Complex or contested estates: 1 year or more.
The creditor claims period in Indiana is 3 months from the date of the first published notice, which sets the minimum timeline for closing an estate.
Local Resources
Howard County Court Resources
- Court Website: in.gov/counties/howard
- Probate Self-Help: Indiana Legal Help
- Indiana Probate Forms: in.gov/courts
Legal Aid and Attorney Referrals
- Howard County Bar Association: Local bar resources may be available through the court.
- Indiana State Bar Association: (317) 639-5465 — inbar.org
- Indiana Legal Services: indianalegalservices.org
Publication
- Kokomo Tribune: (765) 459-3121 — kokomotribune.com