Overview
Perry County is located in Indiana with a population of approximately 19,320. The Perry 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 allows assets to be transferred without formal court administration after a 45-day waiting period.
Attorney fees in Indiana are generally required to be reasonable and are subject to court approval. There is no statutory percentage fee schedule; fees are typically based on the complexity of the estate and services rendered.
This guide provides an informational overview of the Perry 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
Perry County Circuit Court
Probate matters in Perry County are handled at the Perry County Courthouse.
Address: 2219 Payne Street, Tell City, IN 47586
Phone: (812) 547-7048 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Circuit Court is located in the county seat of Tell City. The Clerk's office manages all probate filings and records.
Parking and Access
Public parking is available near the courthouse on Payne Street and surrounding streets. 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 (less liens), you may be able to transfer assets via affidavit after 45 days.
- Joint Tenancy/Beneficiary Designations: Assets held jointly with rights of survivorship or with named beneficiaries (POD/TOD) generally bypass 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 Perry 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 (approx. $200-$225)
- Waiver of Notice and Consent (from heirs, if applicable to speed up process)
Indiana courts utilize e-filing; check with the clerk or your attorney regarding mandatory e-filing requirements for your specific case type.
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 Perry County (e.g., Perry County News) for three successive weeks. The clerk typically facilitates this publication upon filing.
Step 4: Attend the Hearing
The court may schedule a hearing on the petition, especially if there are objections or if the estate is supervised. For unsupervised administration with consents, a hearing might not be required. If approved, the judge issues 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 60 days
- 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
Perry County-Specific Procedures
- Local Court Rules: Perry County has specific local rules regarding court appointments and procedures. Review the Perry Circuit Court Local Rules.
- Publication: Notice is typically published in the Perry County News or The Perry County Herald. The publication fee is often paid directly to the newspaper or facilitated through the clerk.
- Bond: The court may require a bond unless the will waives it or all heirs consent to waive it.
- Inventory: An inventory of assets must be prepared within 60 days of appointment.
Always check with the Perry County Circuit Court Clerk for the most up-to-date local forms and procedural requirements.
Timeline & Fees
Filing Fees (Perry County)
- Full Administration (with Will): approximately $225.00
- Full Administration (no Will): approximately $200.00
- Release of Administration (no Will): approximately $125.00
- Certified copies of Letters: approximately $2.00-$3.00 per copy
- Publication costs: approximately $100-$200 (paid to newspaper)
Note: Fees are subject to change. Verify with the Clerk's office.
Payment Methods
The court 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-day waiting period after death.
- Unsupervised Administration: 6-9 months (if no disputes).
- 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 a minimum timeline for closing the estate.
Local Resources
Perry County Court Resources
- Court Website: perrycounty.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
- Perry County News: (812) 547-3424 — Newspaper of general circulation
- The Perry County Herald: (812) 547-2525 — Newspaper of general circulation