Elkhart funeral home founded in 1996, with its own crematory through Altera Cremation Services and an event venue, The Gathering Place at Centre 1231, steps from the funeral home.
What to Do When Someone Dies in Elkhart County, Indiana
How probate works in Elkhart County: the Superior Court 2 record, what the process costs, and how to file there.
Probate Court Record
Elkhart County Superior Court 2
Elkhart County · Judicial District 5
Phone
Hours
Monday 8:00 AM-5:00 PM; Tuesday-Friday 8:00 AM-4:00 PM
Office
1905 Reliance Road, Goshen, IN 46526
Website
E-filing
Self-represented filing
This court requires an attorney
Self-help forms
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 an estate or a guardian may not proceed without an attorney unless the court approves it in advance. The courts' Access to Justice Center page carries guardianship forms and the small estate affidavit, which is not filed in court.
County forms
- Small Estate Affidavit InformationCounty information sheet on the small estate affidavit
- Small Estate Affidavit FormAffidavit to collect a small estate's assets without opening an estate
- Petition for Appointment of Guardian of MinorPetition to open a guardianship of a minor
- Petition for Appointment of Guardian for Incapacitated PersonPetition to open a guardianship of an incapacitated adult
Fax
1-574-523-2345
Departments
- Superior Court 61-574-538-3000Superior Court 6 hears guardianships, with adoptions and family cases.
- Clerk1-574-538-3000The County Clerk keeps the records of wills and of trust matters in probate proceedings and accepts new filings.
About the court
- All Elkhart County courts sit at the Judicial Center on Reliance Road in Goshen; Superior Court 2 is in Courtroom 4B. Estates and trusts are filed in Superior Court 2 and guardianships in Superior Court 6.
Verified October 15, 2026 · Source
How Probate Works in Elkhart 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 Elkhart County, probate runs through the Superior Court 2 at 1905 Reliance Road, Goshen. The court sits in the Judicial District 5. Elkhart County shares the Judicial District 5 with Kosciusko and Marshall.
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 Elkhart County
What probate costs in Elkhart 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 Superior Court 2 at 1905 Reliance Road, Goshen. The court is part of the Judicial District 5.
Procedures at this court that affect cost: The personal representative prepares an inventory within two months of appointment and provides it to interested parties or distributees on request; Fees in a supervised estate are approved on petition under the court's guideline; the court does not determine fees in an unsupervised estate.
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 Superior Court 2
Probate cases in Elkhart County, Indiana are filed at the Superior Court 2. The court sits in the Judicial District 5.
Beside the filing office, the court lists separate lines for Superior Court 6 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 Elkhart County Self-Filing Assessment.
Elkhart 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
Supervised, unsupervised and miscellaneous estates and trusts are filed in Superior Court 2; guardianships in Superior Court 6.
SourceBond is set at the court's discretion, and an unsupervised estate requires bond unless the personal representative is the sole beneficiary or the court orders otherwise.
An heir's or legatee's bond may be reduced by that fiduciary's share; no bond is required where a qualified corporate fiduciary serves.
SourceService Requirements
Notice of the opening of an estate goes by first-class mail to all distributees and all reasonably ascertainable creditors.
A copy of any petition or motion is served with the notice of its hearing, and a copy of the verified account is served with notice of the hearing on final settlement unless waived.
SourceWhat to Bring
Filed with the opening petition at the Superior Court 2: 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 Elkhart County
In Indiana a death is registered locally, and in Elkhart County certified copies of the death certificate are issued by Elkhart County Health Department, Vital Records as well as by Indiana Department of Health - Division of Vital Records.
Vital Records Office Record
Local Health Department
Elkhart County · Elkhart County Health Department, Vital Records
Phone
Hours
Monday 8:00 AM-4:50 PM; Tuesday-Friday 8:00 AM-3:50 PM
Office
608 Oakland Avenue, Elkhart, IN 46516
Website
Certified copies
At the counter
Order online
Fax
1-574-295-6186
Local rule
- The office issues death certificates only for deaths in Elkhart County. Cash is taken at the service window alone.
Certified copy fees
| First certified copy | $18 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Elkhart County · Elkhart County Coroner
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
26861 County Road 26, Elkhart, IN 46517
Website
Mail and offices
Fax
1-574-891-2389
Verified November 2, 2026 · Source
Funeral Homes in Elkhart County
12 funeral homes and crematories in Elkhart County, each listed with the services it offers, the faiths it serves, the languages its staff speak, its address and its phone.
Elkhart cremation provider with its own crematory, the first in Elkhart County, in business since May 1999. It honors arrangements made with other funeral homes and cremation services and can be reached by telephone 24 hours a day.
Elkhart funeral home that owns and operates its own crematory, so a loved one stays in its care throughout, with a team available by phone 24 hours a day.
Family owned and operated Elkhart funeral home and cremation center serving families of all faiths in the Michiana area since 1954. Its building has a chapel, all care of a loved one is carried out on its premises, and it also offers monuments, markers and aftercare.
Elkhart funeral home and crematory founded in 1869 as the Walley Funeral Home, at its present site since 1964 after several downtown locations. The building has handicap-accessible off-street parking and no stairs or ramps, and questions are answered 24 hours a day, 7 days a week.
Elkhart funeral home established in 1940 and at its present site since 1946, deeply rooted in the Elkhart community, with a staff as diverse as that community.
Funeral homes by city: Elkhart, Goshen, Middlebury, Nappanee, Wakarusa
Listings are for informational purposes only. SimplyTrust does not endorse or recommend any funeral home or crematory.
Transferring Property in Elkhart 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 Elkhart County are recorded with the County Recorder at 117 North 2nd Street, Goshen, IN 46526. Phone: 1-574-535-6756. Hours: Monday 8:00 AM-5:00 PM; Tuesday-Friday 8:00 AM-4:00 PM.
The County Recorder charges $25 flat, regardless of page count.
Elkhart County accepts electronic recording through Simplifile.
Recording Office Record
County Recorder
Elkhart County
Phone
Hours
Monday 8:00 AM-5:00 PM; Tuesday-Friday 8:00 AM-4:00 PM
Office
117 North 2nd Street, Goshen, IN 46526
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 Elkhart 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 an Elkhart County firm to quote a structure up front.
A probate attorney files the petition with the Superior Court 2, 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.
South Bend firm serving St. Joseph County and northern Indiana, with a practice tracing back to the 1920s. Handles probate administration following a death, estate settlement, and Medicaid planning, with attorneys covering wills, trusts, and general civil and probate litigation.
Warsaw firm in Kosciusko County, founded in 1920. Its trusts-and-estates group handles estate administration for personal representatives and trustees — dealing with creditors, taxes, real estate and distributing property — alongside testamentary and irrevocable living trusts, medical directives, and the firm's family law, business and land-use work.
Mary L. Kohn's South Bend firm serves St. Joseph and Elkhart counties in the Michiana area. Probate work includes property appraisal and sale, locating missing heirs, obtaining account balances, and establishing estate debt-payment plans, with in-home consultations for clients unable to travel.
Solo Mishawaka practice concentrated in St. Joseph County probate and estate administration, covering probate of wills, appointment of personal representatives, trusts, and guardianships. Timothy Kalamaros advises executors and trustees carrying out an estate plan and sorts out estate disputes in court as needed. Serves South Bend, Mishawaka, Granger, and 13 more northern-Indiana counties.
Goshen firm (130 North Main Street, est. 1957) serving Elkhart, LaGrange and Kosciusko counties and the wider Michiana area. Its estate group handles estate and trust administration, probate and guardianships for clients in Indiana and Florida, with attorneys board certified by the Indiana Trust and Estate Specialization Board. Seventeen attorneys.
Northwest Indiana firm based in Schererville (Lake County), with a second office in South Bend, handling estate administration after a death as well as planning. Represents clients in contested matters including will contests and breach-of-fiduciary-duty disputes, and employs in-house accountants for estate tax planning.
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)
- Elkhart County Superior Court 2, official page
- Elkhart County Recorder, official page
- Elkhart 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
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