Required for attorneysAttorneys must e-file estate, guardianship and trust 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.
County forms
Small Estate AffidavitSmall estate affidavit form published by the clerk for collecting a decedent's assets without opening an estate.
Fax
1-765-599-2498
Departments
Circuit Court 21-765-529-6408 · 1215 Race Street, Suite 320 · Monday-Friday 8:00 AM-noon and 1:00 PM-4:00 PM
Clerk1-765-529-6401 · 1215 Race Street, Suite 120 · Monday-Friday 8:00 AM-4:00 PMEstate and guardianship filings are made with the Clerk of Courts at the Justice Center. The clerk's online forms include a small estate affidavit.
About the court
Henry County has three Circuit Courts at the Justice Center, 1215 Race Street, and no local rule assigns estates to one of them; the contact above is Circuit Court 1. The clerk's office is in the same building.
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. 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 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); 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 Henry 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 2 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.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
No local rule assigns estates to one of the three Circuit Courts
Henry County has three Circuit Courts in the Justice Center. The local caseload plan assigns small claims, juvenile, family, civil and criminal cases among them but names no court for estates, guardianships or trusts.
Each filing names the filer and carries copies for every party
Each pleading or motion shows the name, address and phone number of the attorney or self-represented filer, with an original signature. Filings come with enough copies for the clerk and every party, with stamped envelopes.
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 Henry County
In Indiana a death is registered locally, and in Henry County certified copies of the death certificate are issued by Henry County Health Department, Vital Records as well as by Indiana Department of Health - Division of Vital Records.
Vital Records Office Record
Local Health Department
Henry County · Henry 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 Henry County are recorded with the County Recorder at 101 South Main Street, Room 106, New Castle, IN 47362. Phone: 1-765-529-4304. 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 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 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 AdministrationProbateElder Lawand 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 AdministrationProbateElder Lawand 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 AdministrationProbateElder Lawand 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 AdministrationProbateProbate Litigationand 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.
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.
