Overview
Montgomery County is located in Indiana with a population of approximately 38,633. The Montgomery 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 Indiana Code Title 29. The process begins with filing a Petition for Probate of Will and for Issuance of Letters or a Petition 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 process for estates valued at $100,000 or less (gross value less liens and encumbrances). This 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 Montgomery 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
Montgomery County Courthouse
Probate matters in Montgomery County are handled at the Montgomery County Courthouse.
Address: 100 E Main St, Crawfordsville, IN 47933
Phone: (765) 364-6450 (Circuit Court) or (765) 364-6430 (Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Clerk's Office is responsible for maintaining court records and accepting filings. The courts are located within the historic courthouse in downtown Crawfordsville.
Parking and Access
Street parking is available around the courthouse square. There are also public parking lots nearby. Security screening is required upon entry to the courthouse.
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.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate with the Montgomery Circuit or Superior Court. Include:
- Petition for Probate of Will (if applicable) or Appointment of Personal Representative
- Original will and codicils (if applicable)
- Certified death certificate
- Filing fee (approximately $177)
- Waiver of Bond (if applicable and approved by heirs/will)
Indiana utilizes a statewide e-filing system, which is mandatory for attorneys and available for self-represented litigants.
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 Montgomery County (e.g., The Paper of Montgomery County or Journal Review) for three successive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing on the petition, though many uncontested petitions are granted without a formal hearing. Once approved, the judge issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Inventory and appraise all estate assets within 2 months.
- Notify creditors (claims must be filed within 3 months of first publication).
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Final Account and Petition to Settle and Allow Account (unless a verified closing statement is used for unsupervised administration).
Local Requirements
Montgomery County-Specific Procedures
- E-filing: Montgomery County participates in the Indiana statewide e-filing system.
- Bond: A bond is generally required to protect the estate unless the will waives it or all heirs consent to waive it.
- Local Rules: The county follows Indiana Rules of Trial Procedure, but check for specific local rules regarding case allocation between Circuit and Superior courts.
- Publication: Notice is typically published in The Paper of Montgomery County or the Journal Review.
Consult the Montgomery County Clerk's office for specific local forms or procedural nuances.
Timeline & Fees
Filing Fees (Montgomery County)
- Estate Filing Fee: approximately $177 (statewide civil/probate base fee)
- Guardianship: approximately $177
- Certified copies of Letters: approximately $2-$3 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Sheriff Service (if needed): ~$28
Payment Methods
The Clerk accepts cash, cashier's checks, money orders, and credit/debit cards (with a processing fee). Personal checks may not be accepted for new filings.
Estimated Timelines
- Small Estate Affidavit: Minimum 45 days after death.
- Unsupervised Administration: 6-9 months (if no contests or complex assets).
- Supervised Administration: 9-12+ months.
- Creditor Claim Period: 3 months from the date of first publication.
Local Resources
Montgomery County Court Resources
- Court Website: montgomerycounty.in.gov
- Probate Self-Help: Indiana Legal Help
- Indiana Probate 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 Paper of Montgomery County: (765) 361-0100 — Newspaper of general circulation
- Journal Review: (765) 362-1200 — Newspaper of general circulation