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
AllowedThe local rules let self-represented litigants file through the state e-filing system, in person at the Clerk's Office or by fax, and never by email. A fax filing is limited to ten pages including the cover sheet and to papers that carry no fee, with the original delivered to the clerk afterwards.
County forms
Order to GuardiansThe court's order setting out a guardian's duties, signed and filed directly with the court at the time of the hearing.
Fax
1-765-932-2357
Departments
Superior Court1-765-932-3520 · rushsuperior@rushcounty.in.gov · Monday-Friday 8:00 AM-4:00 PM ETThe Superior Court, also on the third floor of the courthouse, hears the estates and guardianships assigned to it at random.
Clerk1-765-932-2086 · 101 East Second Street, Room 209 · clerk@rushcounty.in.gov · Monday-Friday 8:00 AM-4:00 PM ETThe Rush County Clerk takes estate and guardianship filings for both courts. A self-represented party files in person, by fax, by mail or through the e-filing system, never by email.
About the court
Rush County estates and guardianships are assigned at random, in equal shares, between the Circuit Court and the Superior Court. Both courts sit on the third floor of the courthouse.
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 Rush County, probate runs through the Circuit and Superior Courts at 101 East Second Street, 3rd Floor, Rushville. The court sits in the Judicial District 18. The same Judicial District 18 also serves Fayette, Franklin, Union and Wayne.
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 Rush County
What probate costs in Rush 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 and Superior Courts at 101 East Second Street, 3rd Floor, Rushville. The court is part of the Judicial District 18.
Procedures at this court that affect cost: A supervised estate files an inventory within two months of appointment, and an unsupervised estate files a certification that the inventory is complete in the same time; A supervised estate open more than a year files an intermediate account within 30 days after each anniversary; Fees in a supervised estate or guardianship are paid only on written court order, and final fees only 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 Circuit and Superior Courts
Probate cases in Rush County, Indiana are filed at the Circuit and Superior Courts. The court sits in the Judicial District 18.
Beside the filing office, the court lists separate lines for Superior Court 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
Supervised estates and guardianships post a bond of at least a year's rents and profits, unless an exception applies.
Where the will dispenses with bond, or the heirs ask in writing, the bond may be set only to protect creditors and tax authorities. A personal representative may serve without bond with the consent of two thirds of the heirs, and guardianship liquid assets may instead be held in a restricted account at an insured institution.
A minor's guardianship funds go into a restricted account, with the bank's certification filed within ten days.
Before letters issue, the guardian and the attorney sign the Lawyer's Undertaking and Obligation and the Order to Guardians. No bond or restricted account is needed where a corporate fiduciary serves.
Filed with the opening petition at the Circuit and Superior Courts: 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 Rush County
In Indiana a death is registered locally, and in Rush County certified copies of the death certificate are issued by Rush County Health Department, Vital Records Division as well as by Indiana Department of Health - Division of Vital Records.
Vital Records Office Record
Local Health Department
Rush County · Rush County Health Department, Vital Records Division
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 Rush County are recorded with the County Recorder at 101 East 2nd Street, Room 208, Rushville, IN 46173. Phone: 1-765-932-2388. Hours: Monday-Friday 8:00 AM-4:00 PM.
The County Recorder charges $25 flat, regardless of page count.
Rush County accepts electronic recording through CSC and Simplifile.
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 Rush County firm to quote a structure up front.
A probate attorney files the petition with the Circuit and Superior Courts, 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.
Connersville firm serving Fayette County families through informal non-probate administration, court-supervised and unsupervised formal probate, and trust administration after a death. Attorney Jamie Harvey concentrates on elder-law-adjacent estate matters, including guardianships and Medicaid/asset-protection questions that arise when settling an older decedent's estate.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 2 more
Greensburg firm in Decatur County, also serving Bartholomew, Franklin, Ripley, Rush and Shelby counties. Owner Bill Robbins has over 50 years in wills, trusts, estates, probate and property law, and the firm handles probate administration, family-farm preservation, special-needs planning and guardianships.
PracticesEstate PlanningProbateElder LawGuardianshipand 2 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.
Richmond practice in Wayne County, also taking cases in Union, Fayette, Rush, Henry, Delaware, Randolph, and Jay counties. Attorney Shane R. Edington handles probate for estates being managed or distributed, guiding personal representatives through court-supervised administration of estates with a will and intestate estates. More than 20 years in practice.
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.
