What to Do When Someone Dies in Delaware County, Indiana
Probate in Delaware County runs through the Circuit Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Delaware County, settling their estate runs through the Circuit Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Circuit Court
Delaware County · Judicial District 15
Address
Phone
Hours
Delaware County has five Circuit Courts at 3100 S. Tillotson Ave., Muncie, IN 47302. Circuit Court 1: 765-747-7780. Circuit Court 2: 765-747-7784. Circuit Court 3: 765-747-7782. Circuit Court 4: 765-747-7770. Circuit Court 5: 765-747-7772. Dedicated court site now resolves at delawarecounty.in.gov/departments/circuit-courts/ (was delawarecocourts.com, which returned 403 in prior verification) and loaded 2026-07-03; address and all five court phone lines reconfirmed there. Judicial District 15 via in.gov. Hours carried from prior verification (department page publishes no hours).
Verified July 3, 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 S. 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 monthsIC 29-1-8-1 / IC 29-1-8-3Verified Jul 14, 2026View source to 15 monthsIC 29-1-8-1 / IC 29-1-8-3Verified Jul 14, 2026View source to move through this process. The 3 monthsIC 29-1-14-1Verified Jul 14, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
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 S. Tillotson Avenue, Suite 140, Muncie. The court is part of the Judicial District 15.
Indiana charges $177IC § 33-37-4-7(a) (as amended by P.L.106-2025). Verified 2026-07-14Verified Jul 14, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
The Circuit Court accepts e-filing (https://www.in.gov/courts/efiling/). Paper filing remains available for self-represented filers.
Estimate the costs for this estate:
Attorney fees in Indiana are negotiated, typically 1.8%IC 29-1-10-13 (reasonable compensation; no statutory percentage)Verified Jul 14, 2026View source to 2.8%IC 29-1-10-13 (reasonable compensation; no statutory percentage)Verified Jul 14, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 2.23%Estimated from the 17 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Jul 14, 2026View source to 3.82%Estimated from the 17 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Jul 14, 2026View source of estate value. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Indiana requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
Probate in Indiana typically runs 9 monthsIC 29-1-8-1 / IC 29-1-8-3Verified Jul 14, 2026View source to 15 monthsIC 29-1-8-1 / IC 29-1-8-3Verified Jul 14, 2026View source, and costs accrue throughout. The 3 monthsIC 29-1-14-1Verified Jul 14, 2026View source creditor claim window is the single biggest driver of that timeline — a mandatory wait regardless of estate complexity.
How to File Probate at the Circuit Court
Probate documents in Delaware County can be filed in person at the Circuit Court, by mail, or electronically. Most families handling probate themselves prefer paper filing, though e-filing is available. The court sits in the Judicial District 15.
How to File Your Documents
You can file your probate documents in person at the court or by mail.
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
View E-Filing InformationCan You File Without an Attorney?
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Circuit Court is realistic.
For a full cost comparison and filing checklist, see the Delaware County Self-Filing Assessment.
What to Bring
To file at the Circuit Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Transferring Property in Delaware County
Clearing title to real estate after a death—recording a personal representative’s deed, an affidavit of survivorship, or a court order—happens at the County Recorder.
Recording Office Record
County Recorder
Delaware County
Address
Phone
Hours
E-recording
Recording fees
| Flat fee (any length) | $25 |
| County Auditor's real property endorsement (transfer)RequiredEvery deed and every instrument made under IC 32-17-14 (including a TOD deed). $10 per deed, or per legal description of each parcel contained in the deed.Paid to the COUNTY AUDITOR, not the recorder. IC 36-2-11-14(a): the recorder may record a conveyance of land or "a deed or instrument made under IC 32-17-14" only if it has been endorsed by the auditor. IC 36-2-9-18(e) makes the $10 endorsement fee mandatory ("The legislative body of a county shall adopt an ordinance requiring the auditor to collect a fee in the amount of ten dollars ($10)"). IC 36-2-9-18(d)(2) forbids the auditor from refusing to endorse a deed because it is made under IC 32-17-14. | $10 |
| SDF-1 (State Form 46021) Sales Disclosure FormConveyance documents that transfer a real property interest for VALUABLE CONSIDERATION. Not required for a TOD deed.IC 6-1.1-5.5-1 defines "conveyance" as a transfer for valuable consideration; IC 6-1.1-5.5-4(a) sets the filing fee at $20 payable to the county auditor. A TOD deed "is not required to be supported by consideration" (IC 32-17-14-11(c)) and conveys nothing during the owner's life, so no SDF and no $20 fee is due. DLGF Sales Disclosure Form Instructions: "A transfer of property for no consideration ... is NOT considered a conveyance for purposes of IC 6-1.1-5.5." | $20 |
Flat $25 for any deed or other instrument other than a mortgage, regardless of page count (IC 36-2-7-10(c)(1)). Mortgages are $55 (IC 36-2-7-10(c)(2)). A per-page charge applies ONLY to oversize pages — for pages larger than 8 1/2" x 14", $25 for the first page and $5 for each additional page (IC 36-2-7-10(c)(3)). A county fiscal body may add a $10 affordable-housing fee per document by ordinance where a unit in the county has an affordable housing fund (IC 36-2-7-10(c)(9)); no county outside Marion was found charging it as of 2026-07-13. Budget a separate $10 for the county auditor's mandatory endorsement (IC 36-2-9-18(e)) — a deed cannot be recorded without it.
IC 36-2-7-10(c)(1)
Transfer tax
None. Indiana does not impose a state real estate transfer tax.. Transfer-on-death deeds are generally exempt (There is no transfer tax to be exempt from. IC 36-2-7-10 is the complete schedule of recorder charges ("The fees prescribed and collected under this section supersede all other recording fees required by law" — IC 36-2-7-10(b)) and contains no tax. TOD deeds are recorded under IC 32-17-14-11 for the standard $25 recording fee.). Indiana levies no documentary stamp, conveyance, or transfer tax on any deed. The only conveyance-triggered state charge is the $20 Sales Disclosure Form filing fee (IC 6-1.1-5.5-4), which applies only to transfers for valuable consideration and therefore not to a TOD deed.
Verified July 13, 2026 · Source
Probate Attorneys Serving Delaware County
Indiana uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Delaware County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.
Probate attorney fees in Indiana are based on reasonable compensation — typically 1.8%IC 29-1-10-13 (reasonable compensation; no statutory percentage)Verified Jul 14, 2026View source to 2.8%IC 29-1-10-13 (reasonable compensation; no statutory percentage)Verified Jul 14, 2026View source of the estate's value, 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.
East Central Indiana Firms
Dennis, Wenger & Abrell, P.C.
FirmMuncie firm serving Delaware County and east-central Indiana, established 1980. Its estate planning and administration practice handles wills and trusts alongside the firm's litigation, family-law, and business work.
Location
324 W Jackson StMuncie, IN 47305
Phone
(765) 288-8950
Service Area
3 counties
James A. Schafer Law
Solo PracticeSolo Muncie practice serving Delaware County and surrounding Indiana counties, handling probate as part of a general civil practice that has operated for over 40 years. The firm administers estates through the local court alongside real estate, family law, and personal injury matters.
Location
400 N High St, Suite 200Muncie, IN 47305
Phone
(765) 282-1019
Established
1981
Service Area
1 county
Mathewson Law, P.C.
Solo PracticeRandolph County firm with offices in Winchester and Muncie serving east-central Indiana. Attorney Leslie Mathewson handles estate administration, probate, guardianships, and elder-law matters alongside estate planning. The practice also takes on guardian ad litem and domestic-relations mediation work.
Location
113 N Main StWinchester, IN 47394
Phone
(765) 595-8132
Established
2001
Service Area
2 counties
Quirk Law
FirmMuncie firm serving families across East Central Indiana with estate planning and probate under its Planning, Property & Business practice. Attorneys handle estate administration through the Delaware County courts along with real property and contract matters for individuals and small businesses.
Location
122 N Mulberry StMuncie, IN 47305
Phone
(765) 587-2611
Service Area
1 county
The Arnold Law Office
FirmRichmond solo practice run by Jeffrey T. Arnold, serving Wayne, Union, Franklin, Randolph, Fayette, Henry, and Delaware counties in east-central Indiana. Handles probate administration and probate litigation in addition to estate planning, wills, trusts, and powers of attorney.
Location
410 S D StRichmond, IN 47374
Phone
(765) 598-4269
Service Area
7 counties
Statewide Practices
Frank & Kraft, Attorneys at Law
FirmIndianapolis estate and elder-law firm serving Marion County and surrounding central-Indiana communities (Carmel, Fishers, Greenwood, Plainfield) through the local probate process. Handles will filing, estate asset identification and valuation, debt and tax settlement, executor guidance, beneficiary disputes, and trust administration. Offers a free consultation.
Location
135 N Pennsylvania St, Suite 1100Indianapolis, IN 46204
Phone
(317) 684-1100
Service Area
Statewide
Indiana Estate & Elder Law
FirmFishers firm practicing exclusively in estate and elder law, with a post-death administration practice covering probate, estate, and trust administration for Hamilton County families and clients statewide via offices in Fishers, Franklin, Rockville, and Wabash. The firm frames its work around closing a loved one's estate and probate-avoidance administration.
Location
10412 Allisonville Rd, Suite 113Fishers, IN 46038
Phone
(317) 863-2030
Service Area
Statewide
Longstreet Law LLC
FirmSouth Bend firm led by Laura M. Longstreet, a former St. Joseph County Superior Court clerk and guardian ad litem, serving South Bend and Indianapolis. Represents individuals and families in probate proceedings and estate planning, with particular attention to LGBTQ+ and nontraditional families.
Location
401 E Colfax Ave, Suite 180South Bend, IN 46617
Phone
(574) 208-5982
Service Area
Statewide
Parr Richey Frandsen Patterson Kruse LLP
FirmIndianapolis firm (offices in Indianapolis and Lebanon) with an estate planning and probate group. The team counsels clients on administration of estates, trusts, and guardianships, the processing of related gift, estate, and fiduciary income tax returns, and estate audits and disputes under Indiana and Illinois law.
Location
251 N Illinois St, Suite 1800Indianapolis, IN 46204
Phone
(317) 269-2500
Established
1899
Service Area
Statewide
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
- Estimated from the 17 state statutes that set an executor fee schedule (median and interquartile range at this estate value)
- IC § 33-37-4-7(a) (as amended by P.L.106-2025). Verified 2026-07-14
- IC 29-1-10-13 (reasonable compensation; no statutory percentage)
- IC 29-1-14-1
- IC 29-1-8-1 / IC 29-1-8-3
Data sourced from Indiana statutes and official state code. How we research.
Frequently Asked Questions
You open probate by filing a petition with the Circuit Court in Delaware County, attaching the original will (if any), the death certificate, and the filing fee ($177). Once the court issues letters, the personal representative can act.
Total probate costs on a $500,000 estate run about $25,396 statewide in Indiana. For Delaware County, that means filing fees ($177 to open), attorney fees, executor compensation, publication costs, and possibly a bond. The calculator on this page runs the math for your estate size.
Yes. The Circuit Court in Delaware County accepts e-filing through the state portal. In-person filing at the courthouse is still available for those without digital access.
Not every estate needs one. Simple estates, small estates under the affidavit threshold, and states with informal probate can often be handled without counsel. Contested wills, out-of-state property, and business interests usually need an attorney. The Indiana self-filing assessment scores whether this estate can be handled without one.
A simple Indiana probate typically closes in 6–9 months; average estates run 9–15 months. The mandatory creditor-claim period accounts for much of that, so even uncontested estates rarely close quickly.
A revocable living trust skips probate entirely — no filing fee, no attorney schedule, no executor commission. The cost of setting up the trust is typically recovered many times over compared to what probate would cost the estate. Create a revocable trust online and keep the estate out of Delaware County probate.
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Each institution has a separate death claim process. Find yours below.
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