Overview
Marshall County is located in Indiana with a population of approximately 46,000. The Marshall County 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 of Will and Issuance of Letters (for testate estates) or a Petition for Appointment of Personal Representative (for intestate estates) 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 value less liens and encumbrances). This procedure allows heirs to collect assets without formal 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 for supervised estates.
This guide provides an informational overview of the Marshall 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
Marshall County Clerk's Office
Probate matters in Marshall County are filed with the Clerk of the Circuit & Superior Courts, located in the courthouse annex.
Address: 211 W. Madison St., Plymouth, IN 46563
Phone: (574) 936-8922 (Clerk's Office)
Hours: Monday through Friday, 8:00 AM to 4:00 PM EST
The Clerk's office is located on the 3rd floor of the old courthouse building. Enter through the north doors of the courthouse annex. Note that cell phones may be restricted within the courthouse.
Parking and Access
Public parking is available around the courthouse square and in designated lots nearby. Security screening is required upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the gross estate (less liens) is valued at $100,000 or less, you may be able to use a Small Estate Affidavit after 45 days have passed since the death.
- Non-Probate Transfers: Assets with named beneficiaries (POD/TOD accounts, life insurance) or held in trust generally do not require probate.
- Joint Tenancy: Real estate owned as "joint tenants with rights of survivorship" or "tenants by the entireties" passes directly to the survivor.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate with the Marshall 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)
- Waiver of Notice consents from heirs (if seeking unsupervised administration)
Indiana allows for Unsupervised Administration if the will authorizes it or if all heirs consent and the estate is solvent. This significantly reduces court involvement.
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 Marshall County (such as The Pilot News) for three successive weeks. The Clerk's office often assists with initiating this publication.
Step 4: Attend the Hearing
The court may schedule a hearing to appoint the Personal Representative, though in many uncontested cases, this can be done on the pleadings. Once appointed, the Clerk issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Inventory estate assets within 60 days.
- Notify creditors (creditors have 3 months from the date of first publication to file claims).
- Pay valid administrative expenses, taxes, and creditor claims.
- File federal and state tax returns as needed.
- Distribute remaining assets to beneficiaries.
- File a Closing Statement (for unsupervised estates) or a Final Account (for supervised estates) to close the matter.
Local Requirements
Marshall County-Specific Procedures
- E-Filing: Marshall County utilizes the Indiana statewide E-Filing system. Attorneys are generally required to e-file.
- Bond Requirements: A corporate surety bond is typically required for the Personal Representative unless waived by the Will or by all heirs/beneficiaries.
- Local Court Rules: Marshall County has specific local rules regarding case allocation between the Circuit and Superior Courts.
- Publication: Notice is typically published in The Pilot News or The Bremen Enquirer.
Always check with the Marshall County Clerk for the most current local forms and procedural preferences.
Timeline & Fees
Filing Fees (Marshall County)
- Opening an Estate (Supervised or Unsupervised): approximately $177.00
- Small Estate Affidavit: No court filing fee if used without opening a case (affidavit is presented to asset holders).
- Publication costs: approximately $100-$150 (paid directly to the newspaper).
- Certification of Letters: approximately $2.00 - $3.00 per copy.
Payment Methods
The Clerk accepts cash, cashier's checks, and money orders. Credit/debit cards may be accepted with a convenience fee. Personal checks are often not accepted for initial filings.
Estimated Timelines
- Small Estate Affidavit: Minimum 45-day waiting period after death.
- Unsupervised Administration: Typically 6-9 months. (Must stay open at least 3 months for creditor claims).
- Supervised Administration: 9-12 months or longer, depending on complexity and court approval requirements.
Local Resources
Marshall County Court Resources
- Court Website: Marshall County Courts
- Clerk's Office: Marshall County Clerk
- Indiana Probate Forms: Indiana Judicial Branch Self-Service
Legal Aid and Attorney Referrals
- Indiana State Bar Association: Get Legal Help
- Indiana Legal Services: Get Legal Help
Publication
- The Pilot News: (574) 936-3101 — Website