Independently owned and operated Martinsville funeral chapel in a facility built in 1997 on the property where the Home Lawn Sanitarium once stood. In 1985 it took over Cure & Hensley Funeral Home, established in 1923.
What to Do When Someone Dies in Morgan County, Indiana
How probate works in Morgan County: the Superior Court 2 or Superior Court 1 record, what the process costs, and how to file there.
Probate Court Record
Morgan County Superior Court 2 or Superior Court 1
Morgan County · Judicial District 16
Phone
Hours
Monday-Friday 8:00 AM-noon and 1:00 PM-4:00 PM
Office
180 South Main Street, 3rd Floor, Martinsville, IN 46151
Website
E-filing
Self-represented filing
This court requires an attorney
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-represented filing
This court requires an attorneyEvery matter in an estate, including the inheritance tax return, is filed by an attorney in good standing in Indiana, and a guardianship is opened by one.
County forms
- Small Estate AffidavitAffidavit for transfer of assets without administration under Indiana Code 29-1-8-1, with the county caption.
- Estate ClaimA creditor's claim against a decedent's estate, filed with the clerk as an original and two copies.
- Guardian's Report to the CourtThe guardian of the person's report to the court on the protected person.
Fax
1-765-349-5074
Departments
- Superior Court 11-765-205-1492 · 180 South Main Street, 3rd Floor · Monday-Friday 8:00 AM-noon and 1:00 PM-4:00 PMSuperior Court 1 hears the other half of the county's estate and probate cases.
- Clerk1-765-205-1548 · 180 South Main Street, Suite 172 · records@morgancounty.in.gov · Monday-Friday 8:00 AM-4:00 PMThe Clerk of the Circuit Court takes filings on single-sided letter-size paper with an appearance form for every new case, and the filing fee is paid when the case is filed unless a waiver is requested. Clerk staff explain court procedure and check papers for completeness but do not give legal advice.
About the court
- Estate and probate cases are split between Superior Court 2 and Superior Court 1 at the Morgan County Judicial Campus. The Circuit Court does not take estate filings.
Verified October 16, 2026 · Source
How Probate Works in Morgan 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 Morgan County, probate runs through the Superior Court 2 or Superior Court 1 at 180 South Main Street, 3rd Floor, Martinsville. The court sits in the Judicial District 16. The same Judicial District 16 also serves Hendricks.
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 Morgan County
What probate costs in Morgan 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 or Superior Court 1 at 180 South Main Street, 3rd Floor, Martinsville. The court is part of the Judicial District 16.
Procedures at this court that affect cost: An estate open past a year files an intermediate account within 30 days after each year, and an unsupervised estate has a complete inventory available on request within 60 days of appointment; Fees in a supervised estate are paid only with court approval and after the final account is approved.
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 or Superior Court 1
Probate cases in Morgan County, Indiana are filed at the Superior Court 2 or Superior Court 1. The court sits in the Judicial District 16.
Beside the filing office, the court lists separate lines for Superior Court 1 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.
For a full cost comparison and filing checklist, see the Morgan County Self-Filing Assessment.
Morgan 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
Estate, guardianship, trust and adoption cases are filed in Superior Court 2 or Superior Court 1.
SourceAn estate closes only after costs are paid and claims released, shown by a clerk's certification.
A supervised estate files the certification before the final account is approved and receipts for final distributions before discharge. An unsupervised estate files it with the closing affidavit.
SourceDocument Requirements
No bond is required to open an estate or guardianship; the court may require one later.
SourceCourt Appearances
Every estate filing is made by an Indiana attorney, and at least one personal representative lives in Indiana.
The personal representative need not be present to open the estate. The personal representative's oath is filed when letters issue.
SourceService Requirements
The clerk publishes the notice of estate administration, and notice of the opening goes to known creditors by first-class mail.
The attorney prepares and serves every other required notice and files proof of service before the matter comes to the court.
SourceWhat to Bring
Filed with the opening petition at the Superior Court 2 or Superior Court 1: 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 Morgan County
In Indiana a death is registered locally, and in Morgan County certified copies of the death certificate are issued by Morgan County Health Department, Vital Records as well as by Indiana Department of Health - Division of Vital Records.
Vital Records Office Record
Local Health Department
Morgan County · Morgan County Health Department, Vital Records
Phone
Office
180 South Main Street, Suite 252, Martinsville, IN 46151
Website
Fax
1-765-342-1062
Local rule
- The office holds death records for deaths in Morgan County only.
Certified copy fees
| First certified copy | $18 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Morgan County · Morgan County Coroner
Phone
Website
Verified November 2, 2026 · Source
Funeral Homes in Morgan County
6 funeral homes and crematories in Morgan County, each listed with the services it offers, the faiths it serves, the languages its staff speak, its address and its phone.
Martinsville funeral and cremation center that opened in April 1967 as Neal & Summers Mortuary and is run today by a co-founder's daughters as second-generation owners and licensed funeral directors.
Monrovia funeral home opened in November 2014, serving Mooresville, Camby, Brooklyn, Clayton, Plainfield, Danville and other nearby towns. The building has level ground and parking all around, with no hills or ramps for visitors.
Mooresville funeral service founded in 1895 that runs the first crematory built in Morgan County, opened in 2010. It serves Morgan, Hendricks, Marion and Johnson counties, handles VA benefits paperwork, and coordinates transport to or from another city or state.
Mooresville funeral home started in 1974, with its own banquet hall, Jones Crossing Banquet & Event Center, next door for post-funeral receptions. Staff are available at any time of the day or night, and pre-arrangements and monuments are handled by appointment.
Morgantown funeral home, one of the only green burial providers in Morgan, Brown and Johnson counties, that owns its own monument company. It serves Morgantown, Nashville, Trafalgar and Nineveh, files veterans' benefits paperwork, and its heritage dates to the 1930s.
Funeral homes by city: Martinsville, Monrovia, Mooresville, Morgantown
Cremation Services in Morgan County
2 listings
Pre-Need Funeral Plans in Morgan County
3 listings
Burial Services in Morgan County
2 listings
Veterans Funeral Services in Morgan County
2 listings
Funeral Transport in Morgan County
1 listing
Green Burial in Morgan County
2 listings
Listings are for informational purposes only. SimplyTrust does not endorse or recommend any funeral home or crematory.
Transferring Property in Morgan 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 Morgan County are recorded with the County Recorder at 180 South Main Street, Suite 125, Martinsville, IN 46151. Phone: 1-765-342-1077. Hours: Monday-Friday 8:00 AM-4:00 PM.
Documents submitted by mail go to P.O. Box 1653, Martinsville, IN 46151.
The County Recorder charges $25 flat, regardless of page count.
Morgan County accepts electronic recording through Simplifile.
Recording Office Record
County Recorder
Morgan County
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
180 South Main Street, Suite 125, Martinsville, IN 46151
Website
E-recording
P.O. Box 1653
Martinsville, IN 46151
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
Forms that put a death on the title
- Free forms: Affidavit of Death Form · Affidavit of Heirship Form
Probate Attorneys Serving Morgan 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 Morgan County firm to quote a structure up front.
A probate attorney files the petition with the Superior Court 2 or Superior Court 1, 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.
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.
Anderson firm serving Madison County and central Indiana, with a second office on Crosspoint Blvd in Indianapolis. Attorney Thomas M. Beeman, a Board Certified Indiana Trust and Estate Lawyer, handles estate administration and estate litigation, representing parties in contested estate and trust disputes. Estate practice sits alongside the firm's criminal-defense and personal-injury work.
Central Indiana firm established in 1880, with a Tipton office and six more in Noblesville, Fishers, Westfield, Zionsville, Crown Point, and Fort Wayne. Its Trust and Probate Administration group sees estates through the court process, pays taxes and debts, and navigates Indiana intestate succession where there is no valid will. Sarah J. Randall and Jack G. Hittle lead the estate work.
Muncie firm serving Delaware County and east-central Indiana, founded in 1980, with a second office in Carmel. Partners Tara M. Smalstig and David J. Karnes handle probate and estate administration for personal representatives, covering court filings, estate property and distributions, plus probate litigation and will contests.
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.
South Bend firm led by Laura M. Longstreet, a former St. Joseph County Superior Court clerk and guardian ad litem, serving South Bend and Indianapolis. Represents individuals and families in probate proceedings and estate planning, with particular attention to LGBTQ+ and nontraditional families.
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)·
- IC § 33-37-4-7(a) (as amended by P.L.106-2025); IC §§ 33-37-5-20, -21, -21.2, -25, -26, -27, -31
- IC 29-1-10-13 (reasonable compensation; no statutory percentage)
- IC 29-1-14-1, 29-1-7-7, 29-1-14-9, 29-1-14-10
- 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)
- IC 29-1-7-13(b) (court grants letters); IC 29-1-10-3 (clerk administers oath only)
- IC 29-1-7.5-1, IC 29-1-7.5-2, IC 29-1-7.5-3
- IC 36-2-7-10(c)(1)
- Morgan County Superior Court 2 or Superior Court 1, official page
- Morgan County Recorder, official page
- Morgan County vital records and death investigation offices, official page
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.
Get the Answer
Hire an Indiana Probate Attorney
Browse vetted Indiana attorneys handling probate matters.
Browse firms
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
Is this your situation?
Get a complete guide for your specific circumstances.
