What to Do When Someone Dies in Henry County, Indiana
Probate in Henry 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 Henry 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.
Three Circuit Courts share the courthouse at 1215 Race Street: Court 1 (Suite 350), Court 2 (Suite 320), Court 3 (Suite 220). Court 1 suite corrected from 340 to 350 per henrycounty.in.gov.
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 Henry County, probate runs through the Circuit Court at 1215 Race Street, Suite 350, New Castle. The court sits in the Judicial District 15. The same Judicial District 15 also serves Blackford, Delaware, 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. The 3 monthsIC 29-1-14-1Verified Sep 8, 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 Henry County
What probate costs in Henry 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 1215 Race Street, Suite 350, New Castle. 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 2026-09-08Verified Sep 8, 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 Sep 8, 2026View source to 2.8%IC 29-1-10-13 (reasonable compensation; no statutory percentage)Verified Sep 8, 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 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 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 months to 15 months, and costs accrue throughout that period.
How to File Probate at the Circuit Court
Probate documents in Henry 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
Paper Filing Available
You can file your probate documents in person at the court or by mail.
E-Filing Also Available
If you prefer, you can file electronically through the state's online system. This is optional for families filing 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.
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 Henry 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 Henry County are recorded with the County Recorder at 101 S Main Street, Room 106, New Castle, IN 47362. Phone: 765-529-4304. Hours: Tuesday - Thursday, 7:00 AM - 5:00 PM; Friday, 7:00 AM - 4:00 PM (closed Monday).
The County Recorder charges $25 flat, regardless of page count.
Indiana uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Henry 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 Sep 8, 2026View source to 2.8%IC 29-1-10-13 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Henry 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.
Richmond firm serving families throughout East Central Indiana (Wayne County) since 1911, with a second office in Cambridge City. Adam G. Forrest handles trust and probate administration, and the firm's elder law practice covers Medicaid planning, guardianships, and probate. General practice spanning litigation, family, criminal, and municipal law.
PracticesEstate PlanningTrust AdministrationElder LawGuardianshipand 3 more
New Castle's oldest law firm (established 1911), handling Henry County wills and probate: preparing wills and lifetime directives, and all estate proceedings including probate of wills. Gregory L. Crider, a Certified Estate Planning & Administration Specialist, and Sebastion G. Crider cover estate and trust administration, guardianships, and long-term-care/Medicaid planning.
PracticesEstate PlanningTrust AdministrationElder LawGuardianshipand 3 more
Greenfield firm serving Hancock County, Henry County, and Indianapolis. Handles probate administration and estate settlement, from identifying and appraising assets through paying debts and taxes to distributing property, and can run a trust distribution alongside the probate estate. Also takes guardianship proceedings and elder-law work including Medicaid eligibility and nursing-home planning.
PracticesEstate PlanningTrust AdministrationElder LawTax Planningand 6 more
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 AdministrationProbate LitigationElder Lawand 6 more
Bloomington firm guiding Monroe County and south-central Indiana families through Indiana's probate process. The team marshals and inventories assets, discharges debts, and distributes the estate to heirs, and also handles trust administration, guardianships, and will contest litigation. Partner James F. Bohrer is Board Certified as a Trust and Estate Lawyer by the Indiana State Bar Association.
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.
Living trust assets, and accounts with a named beneficiary or surviving joint owner. These skip probate; some states charge the court fee only on what remains.
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Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
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Henry County Guides
Step-by-step tools for families in Henry County, Indiana.
