Overview
Sullivan County is located in Indiana with a population of approximately 20,700. The Sullivan 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 Indiana Code Title 29. The process begins with filing a Petition for Probate of Will and Appointment of Personal Representative (or 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.
For smaller estates, Indiana offers a Small Estate Affidavit procedure if the gross probate estate is valued at $100,000 or less (for deaths occurring after June 30, 2022). This allows heirs to collect assets without full court administration.
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 Sullivan 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
Sullivan County Circuit Court
Probate matters in Sullivan County are handled at the Sullivan County Courthouse.
Address: 100 Courthouse Square, Sullivan, IN 47882
Phone: (812) 268-4657 (Clerk) or (812) 268-4411 (Court)
Hours: Monday through Friday, 8:00 AM to 4:00 PM (Closed 12:00 PM - 1:00 PM for lunch)
The Circuit Court is located on the main floor of the historic courthouse in downtown Sullivan. The Clerk of the Circuit Court's office, where filings are processed, is located in Room 306.
Parking and Access
Free street parking is generally available around the Courthouse Square. The building is accessible to the public during business hours, with security screening at the entrance.
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 is valued at $100,000 or less, you may be able to transfer assets via affidavit after a 45-day waiting period, avoiding formal court administration.
- Non-Probate Transfers: Assets with designated 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 Sullivan 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 $177.00)
- Waiver of Notice consents from heirs (to speed up the process)
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 administration to all heirs, beneficiaries, and known creditors.
- Publish notice in a newspaper of general circulation in Sullivan County (such as the Sullivan Daily Times) for three successive weeks. The Clerk often facilitates this publication upon filing.
Step 4: Attend the Hearing
The court may schedule a hearing to formally appoint the Personal Representative, though many uncontested petitions are approved without a formal hearing. Once approved, the Clerk 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 Final Account and Petition to Settle and Allow Account to close the estate
Local Requirements
Sullivan County-Specific Procedures
- E-Filing: Attorneys are required to e-file documents via the Indiana E-Filing System (IEFS). Unrepresented individuals may file paper documents.
- Bond: The court may require a corporate surety bond unless the will waives it or all heirs consent to waive it.
- Local Rules: Sullivan County follows the Indiana Rules of Trial Procedure. Always check with the Court Administrator for specific local preferences regarding scheduling and proposed orders.
- Publication: Notice is typically published in the Sullivan Daily Times.
The court prefers that proposed orders be submitted at the time of filing petitions.
Timeline & Fees
Filing Fees (Sullivan County)
- Opening an Estate (Supervised or Unsupervised): $177.00
- Small Estate Affidavit: No court filing fee (unless recording with Recorder is required)
- Certified copies of Letters: $2.00 - $3.00 per copy
- Publication costs: approximately $100 - $150 (paid directly to newspaper)
Payment Methods
The Clerk accepts cash, cashier's checks, and 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. The estate generally cannot be closed until this period expires and all claims are resolved.
Local Resources
Sullivan County Court Resources
- Court Website: sullivancounty.in.gov
- Clerk of Court: sullivancounty.in.gov
- 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
- Sullivan Daily Times: (812) 268-6356 — Newspaper of general circulation for legal notices.