Overview
Putnam County is located in Indiana with a population of approximately 37,804. The Putnam 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 of Will and for Issuance of Letters 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 probate estate value less liens and encumbrances). This 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.
This guide provides an informational overview of the Putnam 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
Putnam County Courthouse
Probate matters in Putnam County are handled at the Putnam County Courthouse.
Address: 1 Courthouse Square, Greencastle, IN 46135
Phone: (765) 653-2648 (Clerk's Office)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Clerk of the Circuit Court is responsible for maintaining all probate records. The Circuit Court is located on the main floor of the courthouse.
Parking and Access
Street parking is available around the courthouse square in downtown Greencastle. There are also public parking lots nearby. Security screening is required upon entering 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 probate estate (less liens) is valued at $100,000 or less, you may be able to use a Small Estate Affidavit to transfer assets without court supervision after 45 days.
- Non-Probate Transfers: Assets with named beneficiaries (POD/TOD accounts, life insurance) or held in joint tenancy pass directly 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 with the Putnam Circuit Court. Include:
- Petition for Probate of Will (if applicable) and Appointment of Personal Representative
- Original Last Will and Testament (if any)
- Certified death certificate
- Filing fee (approximately $177)
- Waiver of Notice (if beneficiaries agree)
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 Putnam County (such as the Banner Graphic) for three successive weeks. The Clerk often assists with coordinating publication.
Step 4: Attend the Hearing
The court may schedule a hearing on the petition, especially if there are disputes or if the estate is supervised. For unsupervised administration with waivers, 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 (the claim period is 3 months after the first publication of notice)
- Inventory and appraise all estate assets within 60 days
- Pay valid creditor claims and administrative expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Verified Closing Statement (for unsupervised) or Final Accounting (for supervised) to close the estate
Local Requirements
Putnam County-Specific Procedures
- E-filing: Indiana courts, including Putnam County, utilize the statewide e-filing system. Attorneys are required to e-file.
- Bond requirements: A bond may be required for the personal representative unless the will waives it or all heirs agree to waive it.
- Local court rules: Putnam County may have specific local rules regarding the format of pleadings or scheduling. Check with the court administrator.
- Publication: Notice of administration is typically published in the Banner Graphic.
Consult the Putnam County Clerk's office for the most current local fee schedule and procedural checklists.
Timeline & Fees
Filing Fees (Putnam County)
- Opening an Estate: approximately $177 (statewide base fee)
- Publication costs: approximately $100-$150 (payable to the newspaper)
- Certified copies of Letters: approximately $2-$5 per certified copy
- Small Estate Affidavit: No court filing fee if handled out of court; recording fees may apply if real estate is involved.
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
- Simple estates (unsupervised): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
The creditor claim period in Indiana is 3 months from the date of the first published notice, which sets a minimum duration for the process.
Local Resources
Putnam County Court Resources
- Court Website: co.putnam.in.us
- Probate Self-Help: in.gov/courts/selfservice
- Indiana Probate Forms: in.gov/courts/publications/forms
Legal Aid and Attorney Referrals
- Indiana State Bar Association: (317) 639-5465 — inbar.org
- Indiana Legal Services: (844) 243-8570 — indianalegalservices.org
- Putnam County Bar Association: Contact local court for directory
Publication
- Banner Graphic: (765) 653-5151 — bannergraphic.com