What to Do When Someone Dies in Marshall County, Indiana
Probate in Marshall 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 Marshall 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
Marshall County · Judicial District 5
Address
501 N. Center Street, Suite 301Plymouth, IN 46563
Phone
Fax
574-936-4703
Hours
Monday - Friday, 8:00 AM - 4:00 PM (Closed Noon - 1:00 PM)
Paper filing availableE-filing optional
Mailing address may use ZIP 46563-1707. Court Reporter: 574-935-8786. Marshall Circuit Court (Hon. Janette E. Surrisi) address, phone, and fax confirmed via the official Indiana Directory of Courts & Clerks (in.gov/courts/files/court-directory.pdf); the county site returned HTTP 403 to automated fetch.
Verified June 2, 2026 · Source
How Probate Works in Marshall 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 Marshall County, probate runs through the Circuit Court at 501 N. Center Street, Suite 301, Plymouth. The court sits in the Judicial District 5.
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 29-1-8-1Verified Jun 19, 2026View source to 15 monthsIC 29-1-8-1Verified Jun 19, 2026View source to move through this process. The 3 monthsIC 29-1-14-1Verified Jun 19, 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 Marshall County
What probate costs in Marshall 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 501 N. Center Street, Suite 301, Plymouth. The court is part of the Judicial District 5.
Indiana charges $177IC § 33-37-4-7(a)Verified Jun 19, 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 2%IC 29-1-10-13 (reasonable compensation; no statutory percentage)Verified Jun 19, 2026View source to 4%IC 29-1-10-13 (reasonable compensation; no statutory percentage)Verified Jun 19, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation runs 2%IC 29-1-10-13 (reasonable compensation; no statutory percentage)Verified Jun 19, 2026View source to 4%IC 29-1-10-13 (reasonable compensation; no statutory percentage)Verified Jun 19, 2026View source of estate value, based on reasonable pay for time and effort. 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 29-1-8-1Verified Jun 19, 2026View source to 15 monthsIC 29-1-8-1Verified Jun 19, 2026View source, and costs accrue throughout. The 3 monthsIC 29-1-14-1Verified Jun 19, 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 Marshall 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 5.
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.
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 Marshall 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 Marshall 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
Marshall County
Address
112 W Jefferson Street, Room 201Plymouth, IN 46563
Phone
Hours
Monday - Friday, 8:00 AM - 4:00 PM
E-recording
Available via SimplifileE-recording info →
Recording fees
| Base recording fee | $25 |
Flat fee of $25.00 per instrument. No per-page fee. Some counties may charge additional technology or automation fees authorized by local ordinance. Contact the specific county recorder for the current total fee.
IC 36-2-7-10
Transfer tax
None. Indiana does not impose a state real estate transfer tax.. Transfer-on-death deeds are generally exempt (Indiana has no transfer tax. TOD deeds are recorded under IC 32-17-14 with only the standard recording fee.). Indiana is one of several states with no real estate transfer tax. No documentary stamps or conveyance tax applies to any deed recording.
Verified June 3, 2026 · Source
Probate Attorneys Serving Marshall County
Indiana allows informal probate, so many families settle straightforward estates in Marshall County without hiring an attorney. 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 — typically 2%IC 29-1-10-13 (reasonable compensation; no statutory percentage)Verified Jun 19, 2026View source to 4%IC 29-1-10-13 (reasonable compensation; no statutory percentage)Verified Jun 19, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Marshall 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.
South Bend & Michiana Firms
Harshman Ponist Smith & Rayl, LLC
FirmPlymouth-office firm serving Marshall County and surrounding Indiana counties in probate, wills and trusts, and guardianship (including standby guardianship for minors). Handles living and testamentary trusts, powers of attorney, and healthcare directives.
Location
550 E Jefferson StPlymouth, IN 46563
Phone
(574) 400-2555
Service Area
1 county
Estate PlanningProbate Administration
Visit site
Rockhill Pinnick LLP
FirmWarsaw firm serving Kosciusko County families with estate administration and trust work, drafting testamentary and irrevocable living trusts. Guides personal representatives and trustees through dealing with creditors, paying taxes, and distributing real estate and property. Also practices family law and business law.
Location
105 E Main StWarsaw, IN 46580
Phone
(574) 406-8304
Established
1920
Service Area
7 counties
Estate PlanningProbate AdministrationTrust Administration
Visit site
Statewide Practices
Frank & Kraft, Attorneys at Law
FirmIndianapolis firm serving Marion County and surrounding communities (Carmel, Greenwood, Noblesville, Plainfield) in trust and probate administration. Handles the legal process of managing and distributing a decedent's estate, including will verification, executor responsibilities, debt payment, asset distribution, and probate dispute resolution.
Location
135 N Pennsylvania St, Suite 1100Indianapolis, IN 46204
Phone
(317) 684-1100
Service Area
Statewide
Estate PlanningProbate AdministrationTrust AdministrationElder LawGuardianshipMedicaid Planning
Visit site
Indiana Estate & Elder Law
FirmFishers firm serving greater Indianapolis with probate, trust administration, and post-death legal assistance for families settling an estate. The practice also handles guardianships, Medicaid benefits and long-term care planning, and business and farm succession, with additional offices in Franklin, Rockville, and Wabash.
Location
10412 Allisonville Rd, Suite 113Fishers, IN 46038
Phone
(317) 863-2030
Service Area
Statewide
Estate PlanningElder LawProbate AdministrationMedicaid Planning
Visit site
Longstreet Law LLC
FirmSouth Bend firm handling estate planning and probate for St. Joseph County-area families, including nontraditional families. Assists individuals through asset-protection planning and represents heirs and personal representatives in probate proceedings before the local court. Also practices adoption and family law.
Location
401 E Colfax Ave, Suite 180South Bend, IN 46617
Phone
(574) 208-5982
Service Area
Statewide
Estate PlanningProbate Administration
Free consultationVisit site
Parr Richey Frandsen Patterson Kruse LLP
FirmIndianapolis firm practicing estate, trust, and guardianship administration alongside estate planning. Handles fiduciary income, gift, and estate tax return preparation and audit defense under Indiana and Illinois law, and advises personal representatives and trustees through administration. Firm dates to 1899.
Location
251 N Illinois St, Suite 1800Indianapolis, IN 46204
Phone
(317) 269-2500
Established
1899
Service Area
Statewide
Estate PlanningProbate AdministrationTrust AdministrationBusiness Succession
Visit site
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
- IC § 33-37-4-7(a)
- IC 29-1-10-13 (reasonable compensation; no statutory percentage)
- IC 29-1-14-1
- IC 29-1-8-1
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 Marshall 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 usually run 3–8% of the estate value. For Marshall 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 Marshall 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 Marshall County probate.
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
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