Overview
Johnson County is located in Indiana with a population of approximately 170,614. The Johnson County Superior Court (Probate Division) 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 (Form 1) 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 value less liens and encumbrances). This process 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.
This guide provides an informational overview of the Johnson 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
Johnson County Superior Court
Probate matters in Johnson County are handled at the Johnson County Courthouse.
Address: 5 East Jefferson Street, Franklin, IN 46131
Phone: (317) 346-4450 (Clerk's Office)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is part of the Johnson County Courts system. Filings are typically processed through the County Clerk's office located in the courthouse.
Parking and Access
Public parking is available along the streets surrounding the courthouse square (Jefferson St, Main St, Court St) and in designated public lots near the courthouse annex. Be mindful of posted time limits on street parking.
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 (less liens), you may be able to use a Small Estate Affidavit after 45 days.
- Joint Tenancy/Survivorship: Assets held jointly with rights of survivorship pass automatically to the survivor.
- 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 (Form 1) with the Johnson County Clerk. Include:
- Petition for Probate of Will and Appointment of Personal Representative
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $177.00)
- Proposed Order Appointing Personal Representative
- Oath of Personal Representative
E-filing is mandatory for attorneys in Indiana and available for self-represented litigants.
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 Johnson County (e.g., Daily Journal) for three successive weeks. The Clerk's office often assists with initiating this publication.
Step 4: Attend the Hearing
The court will review the petition. For unsupervised administration with a self-proving will, a hearing may not be required, and the judge may sign the order based on the pleadings. If a hearing is scheduled, the judge will review the petition and, if approved, issue Letters Testamentary or Letters of Administration.
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 2 months
- Pay valid creditor claims and estate 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
Johnson County-Specific Procedures
- Local Forms: Johnson County has specific local probate forms (e.g., Form 1 for Petition, Form 5 for Instructions) that are highly recommended.
- Bond Requirements: Bond is generally required unless waived by the will or by all heirs/beneficiaries.
- Inventory: Must be filed within 2 months of appointment.
- Publication: Notice is typically published in the Daily Journal.
Always check the current Johnson County Local Court Rules for specific formatting and procedural requirements.
Timeline & Fees
Filing Fees (Johnson County)
- Opening an Estate: approximately $177.00
- Small Estate Affidavit: No court filing fee if not filed with the court (presented directly to asset holders); nominal fee if recorded.
- Certified copies of Letters: approximately $2.00 - $3.00 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Sheriff Service (if needed): approximately $28.00
Payment Methods
The court accepts cash, cashier's checks, money orders, and credit/debit cards (service fees apply). 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
The creditor claims period in Indiana is 3 months from the date of the first published notice. The estate generally cannot be closed until this period expires.
Local Resources
Johnson County Court Resources
- Court Website: johnsoncounty.in.gov
- Probate Self-Help: indianalegalhelp.org
- Indiana Probate Forms: in.gov/courts
Legal Aid and Attorney Referrals
- Johnson County Bar Association: (317) 868-2589 — Local attorney information
- Indiana Legal Services: (844) 243-8570 — Legal aid for low-income residents
- Indiana State Bar Lawyer Referral: inbar.org
Publication
- Daily Journal: (317) 736-2700 — Primary newspaper for legal notices in Franklin/Johnson County