Overview
Union County is located in Indiana with a population of approximately 6,884. The Union 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 of Will and 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.
For smaller estates, Indiana offers a Small Estate Affidavit procedure if the gross estate value (less liens and encumbrances) does not exceed $100,000. This process requires a 45-day waiting period after death but avoids 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 Union 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
Union County Circuit Court
Probate matters in Union County are handled at the Union County Courthouse.
Address: 26 West Union Street, Liberty, IN 47353
Phone: (765) 458-5934 (Circuit Court)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Circuit Court is located on the third floor of the courthouse. The County Clerk's office, where filings are submitted, is located on the first floor.
Parking and Access
Street parking is generally available around the courthouse square in downtown Liberty. The building is accessible to the public during business hours.
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 a 45-day waiting period.
- Non-Probate Transfers: Assets with named beneficiaries (POD/TOD accounts, life insurance) or held in joint tenancy with rights of survivorship 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 Union County Circuit Court. Include:
- Petition for Probate of Will (if applicable) and Appointment of Personal Representative
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $177.00)
- Waiver of Notice and Consent (from heirs, if applicable to speed up the process)
Indiana courts generally require electronic filing (e-filing) for attorneys, while self-represented litigants may file in person.
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 Union County (such as the Liberty Herald) for three successive weeks. The Clerk often assists with coordinating this publication.
Step 4: Attend the Hearing
The court may schedule a hearing on the petition, though many uncontested probates are handled administratively. Upon approval, the judge issues Letters Testamentary (for wills) or Letters of Administration (no will), granting authority to act on behalf of the estate.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 3 months from the first publication to file claims)
- Inventory and appraise all estate assets within 2 months of appointment
- Pay valid creditor claims and estate expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting (or a verified statement if administration is unsupervised) and petition for discharge
Local Requirements
Union County-Specific Procedures
- E-filing: Indiana utilizes a statewide e-filing system. Attorneys are required to e-file.
- Bond requirements: The court may require a corporate surety bond unless the will waives it or all heirs consent to waive it.
- Local court rules: Union County may have specific local rules regarding the format of pleadings or scheduling; check with the Court Administrator or Clerk.
- Publication: Notice is typically published in the Liberty Herald.
Always check with the Union County Clerk's office for the most current local forms and procedural preferences.
Timeline & Fees
Filing Fees (Union County)
- Probate Petition: approximately $177.00
- Small Estate Affidavit: No court filing fee (affidavit is presented to asset holders), unless recording with the Recorder is required.
- Certified copies of Letters: approximately $2.00 - $5.00 per certified copy
- Publication costs: approximately $150-$200 depending on the newspaper
- Sheriff Service (if needed): ~$28.00
Payment Methods
The court accepts cash, cashier's checks, or money orders. Credit/debit 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
Union County Court Resources
- Court Website: in.gov/counties/union/departments/circuit-court/
- Probate Self-Help: indianalegalhelp.org
- Indiana Probate Forms: in.gov/courts/selfservice
Legal Aid and Attorney Referrals
- Indiana State Bar Association: (317) 639-5465 — inbar.org
- Indiana Legal Services: (844) 243-8570 — indianalegalservices.org
Publication
- Liberty Herald: (765) 458-5114 — Newspaper of general circulation in Union County.