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What to Do When Someone Dies in Delaware County, Indiana
How probate works in Delaware County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Delaware County Circuit Court
Delaware County · Judicial District 15
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
3100 South Tillotson Avenue, Suite 140, Muncie, IN 47302
Website
E-filing
Self-represented filing
This court requires an attorney
E-filing
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.
Self-represented filing
This court requires an attorneyA personal representative of a supervised or unsupervised estate must be represented by an attorney of record at all times. The Clerk posts self-help packets for guardianships of minors.
Hearing schedule
- Circuit Court No. 5 hears estate and guardianship cases on Thursdays at 9:00 a.m. and 1:30 p.m.
County forms
- Estate ClaimForm for a creditor to file a claim against an estate
- Guardianship of Minor With Consent PacketPacket to open a guardianship of a minor when the parents consent
- Guardianship of Minor Without Consent PacketPacket to open a guardianship of a minor without the parents' consent
- Guardianship of Minor TerminationForm to end a guardianship of a minor
Fax
1-765-741-5792
Departments
- Circuit Court No. 51-765-747-7772 · 3100 South Tillotson Avenue, Suite 180Circuit Court No. 5 also hears estates, guardianships and trusts.
- Court Administrator1-765-747-7734The Court Administrator answers questions about which court has a case.
- Clerk1-765-747-7726 · Monday-Friday 8:30 AM-noon and 1:00 PM-4:00 PMThe County Clerk files and processes new probate cases and receives filing fees.
About the court
- Delaware County has five Circuit Courts in one building; estates, guardianships and trusts are filed in Circuit Court No. 1 or Circuit Court No. 5. The first digits of a case number (18C01, 18C05) show which court has the case.
Verified October 15, 2026 · Source
How Probate Works in Delaware County
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 Delaware County, probate runs through the Circuit Court at 3100 South Tillotson Avenue, Suite 140, Muncie. The court sits in the Judicial District 15. Delaware County shares the Judicial District 15 with Blackford, Henry, Jay and Randolph.
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 Delaware County
What probate costs in Delaware 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 3100 South Tillotson Avenue, Suite 140, Muncie. The court is part of the Judicial District 15.
Procedures at this court that affect cost: An inventory with date-of-death values is due within two months of appointment; Attorney and personal representative fees follow the Circuit Court's fee guidelines, which set a maximum, not a minimum.
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 Delaware County, Indiana are filed at the Circuit Court. The court sits in the Judicial District 15.
Beside the filing office, the court lists separate lines for Circuit Court No. 5, Court Administrator, and 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.
For a full cost comparison and filing checklist, see the Delaware County Self-Filing Assessment.
Delaware County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Estate, guardianship and trust cases are filed in Circuit Court No. 1 or Circuit Court No. 5.
A claim the personal representative disallows is set for trial as a new small claims or civil plenary case, captioned creditor against the personal representative, in the court where the estate is filed.
SourceDocument Requirements
The court's signed instructions to the personal representative are filed with the petition to open an estate.
The court may decline to sign the order appointing the personal representative without them. Within 30 days after appointment, the attorney files the personal representative's acknowledgement of the local rule on fees.
SourceWhat to Bring
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 Delaware County
In Indiana a death is registered locally, and in Delaware County certified copies of the death certificate are issued by Delaware County Health Department, Vital Records as well as by Indiana Department of Health - Division of Vital Records.
Vital Records Office Record
Local Health Department
Delaware County · Delaware County Health Department, Vital Records
Phone
Hours
Monday-Friday 8:30 AM-3:30 PM
Office
125 North Mulberry Street, Muncie, IN 47305
Website
Certified copies
At the counter
Fax
1-765-747-7747
Local rule
- The office can print death records from any Indiana county; its own records begin in 1882. A photo identification is required.
Certified copy fees
| First certified copy | $20 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Delaware County · Delaware County Coroner's Office
Phone
Hours
Monday-Friday 8:30 AM-11:30 AM and 12:30 PM-4:00 PM
Office
100 West Main Street, Muncie, IN 47305
Website
Mail and offices
Fax
1-765-747-7769
Verified November 2, 2026 · Source
Funeral Homes in Delaware County
12 funeral homes and crematories in Delaware County, each listed with the services it offers, the faiths it serves, the languages its staff speak, its address and its phone.
Daleville funeral home first built as a residence for two brothers, its double stairway still at the entryway. The firm has a second home in Middletown and serves Henry, Madison and Delaware counties.
Eaton funeral home serving Delaware County from a building designed as a funeral home and completed in 1956. It traces to an undertaking business established in Eaton in 1906 and has carried the Pitman-Richman name since 1972.
Muncie funeral chapel staffed by licensed funeral directors, with arrangements made in person or online at the family's own pace.
Muncie funeral home and memorial park where families make all final arrangements in one place, serving Muncie and Yorktown for nearly a century. The memorial park offers ground burial, cremation niches and mausoleum entombment, and a reception room with a kitchen hosts gatherings before or after a service.
Muncie mortuary whose owner, also its funeral director, is a graduate of the Indiana College of Mortuary Science. Ministerial staff from several Muncie churches are part of its staff.
Funeral homes by city: Albany, Daleville, Eaton, Muncie, Yorktown
Cremation Services in Delaware County
6 listings
Pre-Need Funeral Plans in Delaware County
3 listings
Burial Services in Delaware County
4 listings
Veterans Funeral Services in Delaware County
2 listings
Green Burial in Delaware County
2 listings
Jewish Funeral Homes in Delaware County
1 listing
Listings are for informational purposes only. SimplyTrust does not endorse or recommend any funeral home or crematory.
Transferring Property in Delaware County
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 Delaware County are recorded with the County Recorder at 100 West Main Street, Room 209, Muncie, IN 47305. Phone: 1-765-747-7804. Hours: Monday-Friday 8:30 AM-4:00 PM.
The County Recorder charges $25 flat, regardless of page count.
Delaware County accepts electronic recording through Simplifile.
Recording Office Record
County Recorder
Delaware County
Phone
Hours
Monday-Friday 8:30 AM-4:00 PM
Office
100 West Main Street, Room 209, Muncie, IN 47305
Website
E-recording
Fees
Recording fees
| Flat fee (any length) | $25 |
| County Auditor's real property endorsement (transfer)Applies to a TOD deed | $10 |
| SDF-1 (State Form 46021) Sales Disclosure FormNot required for a TOD deed | $20 |
| Transfer tax on a TOD deed | No transfer tax applies to TOD deeds |
IC 36-2-7-10(c)(1)
Verified October 16, 2026 · Source
Forms that put a death on the title
- Free forms: Affidavit of Death Form · Affidavit of Heirship Form
Probate Attorneys Serving Delaware County
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 Delaware 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.
Muncie firm serving Delaware County and east-central Indiana, founded in 1980, with a second office in Carmel. Partners Tara M. Smalstig and David J. Karnes handle probate and estate administration for personal representatives, covering court filings, estate property and distributions, plus probate litigation and will contests.
Marion firm in Grant County handling probate, guardianships, and wills and estate planning, also taking cases in Allen, Blackford, Delaware, Howard, Huntington, Madison, Tipton, Wabash, and Wells counties. Guides families through the probate process and creditor claims after a death. Offers a free initial consultation on estate matters.
Solo Muncie practice serving Delaware County and surrounding Indiana counties, practising locally for over 40 years. Its probate work covers administration of estates and trusts, guardianships and conservatorships, and the preparation of wills and trusts, alongside real estate, family law and personal injury matters.
Randolph County firm with offices in Winchester and Muncie serving east-central Indiana. Attorney Leslie M. Mathewson handles estate administration, guardianships, and elder-law matters alongside estate planning. She is a Certified Guardian Ad Litem and a registered Domestic Relations Mediator.
Muncie firm in Delaware County serving East Central Indiana. Partner Megan B. Quirk handles probate administration and estate settlement along with wills, trusts, powers of attorney, advance directives, and guardianship and elder-law matters; partner John A. Quirk covers criminal, family and injury work.
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.
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.
Legal Sources
(10)·
- IC § 33-37-4-7(a) (as amended by P.L.106-2025); IC §§ 33-37-5-20, -21, -21.2, -25, -26, -27, -31
- IC 29-1-10-13 (reasonable compensation; no statutory percentage)
- IC 29-1-14-1, 29-1-7-7, 29-1-14-9, 29-1-14-10
- 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)
- IC 29-1-7-13(b) (court grants letters); IC 29-1-10-3 (clerk administers oath only)
- IC 29-1-7.5-1, IC 29-1-7.5-2, IC 29-1-7.5-3
- IC 36-2-7-10(c)(1)
- Delaware County Circuit Court, official page
- Delaware County Recorder, official page
- Delaware County vital records and death investigation offices, official page
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.
Get the Answer
Hire an Indiana Probate Attorney
Browse vetted Indiana attorneys handling probate matters.
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Notify Banks & Financial Institutions
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