What to Do When Someone Dies in Montgomery County, Indiana

How probate works in Montgomery County: the Superior Court 2 record, what the process costs, and how to file there.

Probate Court Record

Montgomery County Superior Court 2

Montgomery County · Judicial District 11

Hours

Monday-Friday 8:00 AM-4:30 PM

Office

100 East Main Street, Room 303, Crawfordsville, IN 47933

Self-represented filing

Allowed

E-filing

Required for attorneysAttorneys must e-file estate and guardianship cases through an Indiana certified e-filing provider. On paper: Self-represented filers are not required to e-file.

Self-help center

  • First floor, Montgomery County CourthouseMonday-Friday 8:00 AM-4:30 PMA free Indiana Legal Help kiosk gives access to self-help forms, including estate and guardianship forms, with a printer so forms can be prepared on site for filing with the clerk. Courthouse offices do not give legal advice.

Verified October 16, 2026 · Source

How Probate Works in Montgomery 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 Montgomery County, probate runs through the Superior Court 2 at 100 East Main Street, Room 303, Crawfordsville. The court sits in the Judicial District 11. Montgomery County shares the Judicial District 11 with Fountain, Parke, Vermillion and Warren.

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 Montgomery County

What probate costs in Montgomery 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 100 East Main Street, Room 303, Crawfordsville. The court is part of the Judicial District 11.

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 Montgomery County, Indiana are filed at the Superior Court 2. The court sits in the Judicial District 11.

Beside the filing office, the court lists a separate line for Clerk.

A free Indiana Legal Help kiosk gives access to self-help forms, including estate and guardianship forms, with a printer so forms can be prepared on site for filing with the clerk. Courthouse offices do not give legal advice.

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 Montgomery County Self-Filing Assessment.

Montgomery 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

Every probate action or proceeding is filed in Superior Court 2.

The judges may transfer a case to another court in the county with the receiving court's acceptance.

Source

What 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 Montgomery County

In Indiana a death is registered locally, and in Montgomery County certified copies of the death certificate are issued by Montgomery County Health Department, Vital Records as well as by Indiana Department of Health - Division of Vital Records.

Vital Records Office Record

Local Health Department

Montgomery County · Montgomery County Health Department, Vital Records

Hours

Monday-Friday 8:00 AM-4:00 PM

Office

1580 Constitution Row, Suite G, Crawfordsville, IN 47933

Certified copies

At the counter

Fax

1-765-361-3239

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

Coroner

Montgomery County · Montgomery County Coroner

Verified November 2, 2026 · Source

Funeral Homes in Montgomery County

8 funeral homes and crematories in Montgomery County, each listed with the services it offers, the faiths it serves, the languages its staff speak, its address and its phone.

See all 8 funeral homes in Montgomery County →

Funeral homes by city: Crawfordsville, Ladoga, Linden, Waveland, Waynetown, Wingate

Listings are for informational purposes only. SimplyTrust does not endorse or recommend any funeral home or crematory.

Transferring Property in Montgomery 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 Montgomery County are recorded with the County Recorder at 1580 Constitution Row, Crawfordsville, IN 47933. Phone: 1-765-364-6415. Hours: Monday-Friday 8:00 AM-4:30 PM.

The County Recorder charges $25 flat, regardless of page count.

Montgomery County accepts electronic recording through CSC.

Recording Office Record

County Recorder

Montgomery County

Hours

Monday-Friday 8:00 AM-4:30 PM

Office

1580 Constitution Row, Crawfordsville, IN 47933

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 deedNo 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

Probate Attorneys Serving Montgomery 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 a Montgomery 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.

Crawfordsville firm established in 1907 serving Montgomery County and west-central Indiana. When a loved one dies and an estate is opened, the firm carries the family through estate administration; John S. Capper IV also has 40-plus years in estates, trusts and wills and has litigated numerous will contests and contested trust matters, including farm real estate sold out of estates and trusts.

Since 1907Serves 1 countyEstate PlanningProbateProbate LitigationGuardianshipAgricultural Law+3

Greencastle elder law and estate firm serving Putnam County and west-central Indiana, including Morgan, Owen, Clay, Parke, Montgomery, and Boone counties. Michael and Adam Goss handle probate and trust administration after a death, along with Medicaid crisis planning, long-term care planning, asset protection, and guardianships.

Serves 7 countiesEstate PlanningTrust AdministrationProbateElder LawGuardianship+4

Fort Wayne office of Gutwein Law, opened when Jeanne E. Longsworth brought her practice to the firm, serving Allen County. Longsworth, an attorney and CPA, concentrates on estate, probate and trust administration alongside estate planning and business succession; the firm also handles trust and estate litigation.

Serves 4 countiesEstate PlanningTrust AdministrationProbateProbate LitigationBusiness Succession

Elder-law and estate firm with offices in Valparaiso, Lafayette and Granger, serving Porter, Tippecanoe and St. Joseph counties since 1972. Its trust and estate administration work covers asset inventory and valuation, paying debts, filing estate and income tax returns, and distributing to beneficiaries, and it handles testate and intestate probate and beneficiary disputes.

Since 1972Serves 3 countiesFree consultationEstate PlanningTrust AdministrationProbateProbate LitigationElder Law+3

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.

Solo PracticeServes the whole stateFree consultationVirtual consultationsEstate PlanningGuardianshipWills Trusts

See all 20 firms serving Montgomery County →

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)·

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.

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