Required for attorneysAttorneys must e-file estate and guardianship cases through an Indiana certified e-filing provider; self-represented filers may file on paper with the clerk. On paper: Self-represented filers are not required to e-file.
Fax
1-812-448-8255
Departments
Clerk1-812-448-9024 · 609 East National Avenue, Room 209The Clerk of the Clay Circuit and Superior Courts takes estate and guardianship filings in the courthouse.
About the court
Estates, guardianships and trusts are heard in the Circuit Court on the third floor of the courthouse.
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Clay County, probate runs through the Circuit Court at 609 East National Avenue, Room 314, Brazil. The court sits in the Judicial District 19. Clay County shares the Judicial District 19 with Putnam, Sullivan and Vigo.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Indiana intestacy law when there is no will.
Most Indiana estates take 9 months to 15 months to move through this process. Creditors have 3 monthsIC 29-1-14-1, 29-1-7-7, 29-1-14-9, 29-1-14-10Verified Oct 18, 2026View source to present a claim, counted from the first publication of the notice to creditors.
What Probate Costs in Clay County
What probate costs in Clay County, Indiana comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Circuit Court at 609 East National Avenue, Room 314, Brazil. The court is part of the Judicial District 19.
Procedures at this court that affect cost: An inventory is due within 60 days of appointment in every estate, supervised or unsupervised.
Indiana charges $177IC § 33-37-4-7(a) (as amended by P.L.106-2025); IC §§ 33-37-5-20, -21, -21.2, -25, -26, -27, -31Verified Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in Indiana are negotiated, typically 1.8%Modeled estimate under IC 29-1-10-13 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.8%Modeled estimate under IC 29-1-10-13 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Indiana allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules payIC 29-1-10-13 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Indiana requires publishing notice to creditors in a local newspaper, and the estate pays for it.
Probate in Indiana typically runs 9 months to 15 months, and costs accrue throughout that period.
How to File Probate at the Circuit Court
Probate cases in Clay County, Indiana are filed at the Circuit Court. The court sits in the Judicial District 19.
Beside the filing office, the court lists a separate line for Clerk.
Can You File Without an Attorney?
Indiana has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not availableIC 29-1-7-13(b) (court grants letters); IC 29-1-10-3 (clerk administers oath only)Verified Sep 8, 2026View source.
Deeds submitted for approval are signed and notarized first; in an unsupervised estate the personal representative records the deed before delivering it.
The filer prepares, publishes and serves every required notice, sends a copy of the petition with each hearing notice, and proves service before the hearing.
A corporate surety bond is filed before letters issue in estates and guardianships, in an amount the court sets.
The court weighs a will's waiver of bond, whether the fiduciary is an heir, and a written request from all heirs to waive it. Instead of a bond, liquid assets may be placed in a federally insured account restricted from withdrawal without a court order. The opening petition states the probable value of the personal property and expected annual rents and profits.
Filed with the opening petition at the Circuit Court: Original will and any codicils, delivered to the court that has jurisdiction of the administration (IC 29-1-7-3); A certified copy of the death certificate is commonly requested by the court or by asset holders, but it is not an element of the petition under IC 29-1-7-5; Petition for probate of will and issuance of letters / petition for appointment, with the contents required by IC 29-1-7-5 (decedent, heirs, devisees/legatees, domicile, date of death, and the attorney who is to represent the personal representative)IC 29-1-7 (probate of wills & issuance of letters; petition contents IC 29-1-7-5); IC 29-1-10 (appointment & qualification of personal representatives); IC 29-1-7.5 (unsupervised administration)Verified Aug 24, 2026View source.
Death Certificates and the Coroner in Clay County
In Indiana a death is registered locally, and in Clay County certified copies of the death certificate are issued by Clay County Health Department, Vital Records as well as by Indiana Department of Health - Division of Vital Records.
Vital Records Office Record
Local Health Department
Clay County · Clay County Health Department, Vital Records
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Recorder.
Deeds and other real property documents for Clay County are recorded with the County Recorder at 609 East National Avenue, Room 111, Brazil, IN 47834. Phone: 1-812-448-9005. Hours: Monday-Friday 8:00 AM-4:00 PM.
The County Recorder charges $25 flat, regardless of page count.
Indiana allows independent administrationIC 29-1-7.5-1, IC 29-1-7.5-2, IC 29-1-7.5-3Verified Sep 8, 2026View source, so the personal representative manages, pays and distributes the estate without returning to the court for approval at each step. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in Indiana are based on reasonable compensation, billed hourly or as a flat fee. Ask a Clay County firm to quote a structure up front.
A probate attorney files the petition with the Circuit Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Greencastle elder law and estate firm serving Putnam County and west-central Indiana, including Morgan, Owen, Clay, Parke, Montgomery, and Boone counties. Michael and Adam Goss handle probate and trust administration after a death, along with Medicaid crisis planning, long-term care planning, asset protection, and guardianships.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 5 more
Terre Haute and Greencastle firm serving Vigo, Putnam, and surrounding Wabash Valley counties; formerly Nattkemper & Farnsworth, now practicing as Felling, Farnsworth & Wudtke. Attorney Jared A. Farnsworth handles estate and trust administration alongside wills, trusts, and Medicaid planning, and the firm takes guardianship and probate litigation and trust and estate disputes.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 3 more
Terre Haute firm serving Vigo County, in practice for more than 80 years. Attorney Mark Hassler handles will contests and contested estates, trust disputes on behalf of trustees and beneficiaries, and estate administration, taking contested matters to court when necessary.
Covington firm (Fountain County) practicing since 1915, with a second office in Rockville. Its estate work is planning-side: wills, trusts, powers of attorney, and advance health care directives. Known in the local courts of Fountain, Parke, Vermillion, and Warren counties, where it also handles criminal, family law, and personal injury matters.
PracticesEstate PlanningHealthcare DirectivesPowers Of AttorneyWills Trusts
Vincennes firm led by Knox County native Tanner Bouchie, frequently representing clients in Knox, Daviess, Sullivan, Greene, Pike, and Dubois counties. Handles wills, trusts and estates and guardianship arrangements for loved ones, alongside business formation, real estate, and family law. Clients book appointments online and meet remotely.
New Albany firm serving Floyd County and southern Indiana from offices in New Albany, Corydon, and Salem. Handles supervised and unsupervised estate administration, small-estate and intestate matters, creditor claims and asset distribution, and estate and trust litigation. Gary Banet also takes guardianships, elder law, and special-needs planning.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 6 more
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Data sourced from Indiana statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in Indiana
Free tools for settling an estate in Indiana: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Indiana.
How Do I Settle an Estate?
Settling an estate in Indiana: the personal representative files the estate inventory within 60 daysIC 29-1-12-1, IC 29-1-7.5-3.2Verified Sep 15, 2026View source of appointment; creditors have 3 monthsIC 29-1-14-1, 29-1-7-7, 29-1-14-9, 29-1-14-10Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in Indiana happens outside court: the trustee acts under the state's trust statuteInd. Code 30-4-1-1 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
Indiana has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not availableIC 29-1-7-13(b) (court grants letters); IC 29-1-10-3 (clerk administers oath only)Verified Sep 8, 2026View source.
Enter the estate value to see Indiana attorney fees, executor fees, court costs and the timeline.
Examples:
General information about probate costs, not legal or financial advice. Fee bases vary by state and may use gross estate, personal property, inventory value or net property after debts. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
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See whether you can file probate yourself
Enter the estate value to see whether Indiana lets a self-represented person open probate, what the court requires, and what each route costs.
General information about filing probate without a lawyer, not legal advice. Both routes are priced by the probate cost estimator on the same estate; the attorney fee is the one line that differs. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
