Overview
Martin County is located in Indiana with a population of approximately 9,864. The Martin County Circuit 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 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.
Indiana offers a simplified small estate affidavit process for estates valued at $100,000 or less (gross value less liens and encumbrances). This procedure can be used 45 days after death and does not require court supervision.
Attorney fees in Indiana are generally required to be reasonable and are subject to court approval, though some counties may have customary fee guidelines. Executors are also entitled to reasonable compensation.
This guide provides an informational overview of the Martin 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
Martin County Circuit Court
Probate matters in Martin County are handled at the Martin County Courthouse.
Address: 129 Main St, Shoals, IN 47581
Phone: (812) 247-3652 (Circuit Court)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Circuit Court is located in the historic courthouse in downtown Shoals. The Clerk's office, where filings are processed, is also located within the courthouse building.
Parking and Access
Free street parking is generally available around the courthouse square in Shoals. Visitors should be prepared for 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 estate is valued at $100,000 or less (after liens), you may be able to transfer assets via affidavit after a 45-day waiting period.
- Non-Probate Transfers: Assets with designated beneficiaries (POD/TOD accounts, life insurance) or held in trust generally bypass probate.
- Joint Tenancy: Real estate owned as "joint tenants with rights of survivorship" passes automatically to the surviving owner.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate with the Martin County Circuit 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-$231)
- Waiver of Notice (if applicable from heirs)
Indiana requires mandatory e-filing for attorneys. Self-represented litigants may file in person at the Clerk's office.
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 Martin County (such as The Shoals News) for three successive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing to review the petition. If the petition is in order and no objections are filed, the judge will issue Letters Testamentary (for wills) or Letters of Administration (no will), granting the personal representative authority to act.
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 estate expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries according to the will or state intestacy laws
- File a final accounting and petition for discharge to close the estate
Local Requirements
Martin County-Specific Procedures
- E-Filing: Attorneys are required to e-file all documents. Pro se litigants may file paper documents at the Clerk's office.
- Bond: The court may require a corporate surety bond unless the will waives it or all heirs consent to waive it.
- Inventory: A verified inventory of assets must be filed within 60 days of appointment.
- Publication: Notice of administration must be published in a local newspaper like The Shoals News for three consecutive weeks.
Always check with the Martin County Clerk or Court Staff for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Martin County)
- Opening an Estate: approximately $177-$231 (fees vary by specific case type and service requirements)
- Small Estate Affidavit: No court filing fee if used without opening a case; recording fees may apply if recorded with the Recorder.
- Publication costs: approximately $100-$150 depending on the newspaper
- Certified copies: approximately $1-$2 per page plus certification fee
Payment Methods
The Clerk's office typically accepts cash, cashier's checks, or money orders. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Small Estate Affidavit: Minimum 45 days after death
- Unsupervised Administration: 6-9 months (typical for simple estates)
- Supervised Administration: 9-12+ months
- Creditor Claim Period: 3 months from the date of first publication
Complex estates involving disputes, real estate sales, or tax issues will take longer.
Local Resources
Martin County Court Resources
- Court Website: Martin County Clerk
- Probate Self-Help: Indiana Legal Help
- State Probate Forms: Indiana Judicial Branch Forms
Legal Aid and Attorney Referrals
- Indiana State Bar Association: (317) 639-5465 — Legal Referral
- Indiana Legal Services: (844) 243-8570 — Free Legal Aid
Publication
- The Shoals News: (812) 247-2828 — Newspaper of general circulation