How probate works in Jefferson County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Jefferson County · Judicial District 22
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About the court
Verified October 15, 2026 · Source
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 Jefferson County, probate runs through the Circuit Court at 300 East Main Street, Room 300, Madison. The court sits in the Judicial District 22. The same Judicial District 22 also serves Dearborn, Ohio, Ripley and Switzerland.
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 Jefferson 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 300 East Main Street, Room 300, Madison. The court is part of the Judicial District 22.
Procedures at this court that affect cost: A guardian of the person files a status report every 365 days.
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.
Probate cases in Jefferson County, Indiana are filed at the Circuit Court. The court sits in the Judicial District 22.
Beside the filing office, the court lists a separate line for Clerk.
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 Jefferson County Self-Filing Assessment.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Probate cases are filed in the Circuit Court.
The caseload rule assigns probate, juvenile, mental health and paternity cases to the Jefferson Circuit Court.
SourceFiled 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.
In Indiana a death is registered locally, and in Jefferson County certified copies of the death certificate are issued by Jefferson County Health Department, Vital Records as well as by Indiana Department of Health - Division of Vital Records.
Vital Records Office Record
Jefferson County · Jefferson County Health Department, Vital Records
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| First certified copy | $12 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Jefferson County · Jefferson County Coroner
Verified November 2, 2026 · Source
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 Jefferson County are recorded with the County Recorder at 300 East Main Street, Room 104, Madison, IN 47250. Phone: 1-812-265-8903. Hours: Monday-Friday 8:00 AM-4:00 PM.
The County Recorder charges $25 flat, regardless of page count.
Jefferson County accepts electronic recording through Simplifile and CSC.
Recording Office Record
Jefferson County
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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
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 Jefferson 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.
FirmNorth Vernon, IN
Southern Indiana firm serving Jennings County from North Vernon, with a second office in Madison (Jefferson County). Practice covers wills, trusts, estate planning, and probate/estate administration alongside real estate and civil litigation. Established 1968; attorneys include Jason J. Pattison and Devon M. Sharpe.
PracticesEstate PlanningProbateGuardianshipWills Trusts
Solo PracticeMadison, IN
Jefferson County solo practice in Madison led by Mary Beth Mock, in practice locally for over 30 years. The firm assists clients responsible for settling an estate, guiding Indiana and out-of-state clients through estate administration and the probate process, alongside estate planning and powers of attorney.
PracticesEstate PlanningProbateHealthcare DirectivesPowers Of AttorneyWills Trusts
FirmMadison, IN
Madison firm (One W. 6th Street, Jefferson County), formerly Alcorn Sage Schwartz & Magrath, serving southeast Indiana and northern Kentucky since 1976. Estate work covers wills, trusts, healthcare directives, elder-care planning, probate planning and estate tax concerns. By-appointment offices in Columbus, Lawrenceburg and Louisville, Kentucky.
PracticesEstate PlanningProbateElder LawTax Planningand 2 more
FirmNew Albany, IN
New Albany firm guiding families through probate in Floyd County and neighboring Southern Indiana counties (Clark, Harrison, Scott, Jefferson, Washington). Handles estate administration — filing the will, valuing assets, paying debts and taxes, distributing to beneficiaries — and will contests based on undue influence, lack of capacity, or fraud.
PracticesEstate PlanningProbateProbate LitigationElder Lawand 4 more
Solo PracticeVincennes, IN
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.
PracticesEstate PlanningGuardianshipWills Trusts
FirmNew Albany, IN
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
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.
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.
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.
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.
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.
Browse vetted Indiana attorneys handling probate matters.
Each institution has a separate death claim process. Find yours below.
Get a complete guide for your specific circumstances.
Enter the estate value to see Indiana attorney fees, executor fees, court costs and the timeline.
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.
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.
