What to Do When Someone Dies in St. Joseph County, Indiana
Probate in St. Joseph County runs through the Probate 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 St. Joseph County, settling their estate runs through the Probate 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
Probate Court
St. Joseph County · Judicial District 4
Address
Phone
Fax
Hours
Departments
- Probate Division574-235-5378
- Circuit Court (non-probate matters)574-235-9551Hon. John E. Broden, Judge. For non-probate civil and criminal matters; probate cases go to the dedicated Probate Court at 1000 S. Michigan Street.
St. Joseph County is the ONLY county in Indiana with a dedicated Probate Court. The Probate Court has authority over estates, wills, trusts, guardianship, adoptions, and paternity disputes. It also handles domestic matters and juvenile cases. Judge Zappia was elected in November 2024. The St. Joseph Circuit Court (Hon. John E. Broden) sits separately at 101 South Main Street and handles non-probate matters; it is listed under departments for reference. Probate Court contact (1000 S. Michigan Street, South Bend; 574-235-5378; fax 574-235-5382) and Circuit Court contact (101 South Main Street; 574-235-9551; fax 574-245-6618) re-confirmed 2026-07-03 against the official Indiana Directory of Courts & Clerks (courts.in.gov). The sjcindiana.gov Probate Court/FAQ/forms pages remain behind a Cloudflare JavaScript challenge (HTTP 403 "Just a moment") to both WebFetch and browser-UA curl, so walk-in-vs-appointment and estate-filing payment methods could not be sourced. However, the St. Joseph County Local Rules (LR71, effective Jan 1, 2025), hosted on in.gov and outside Cloudflare, supplied primary-source pro se (counsel required absent advance approval, Rule 602.5), QUEST Information Form intake (Rule 602.5.1), and mandatory e-filing (Rule 602.1) details, now captured in proSe/localProcedures/eFiling.
Verified July 3, 2026 · Source
How Probate Works in St. Joseph 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 St. Joseph County, probate runs through the Probate Court at 1000 S. Michigan Street, South Bend. The court sits in the Judicial District 4.
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 29-1-8-1 / IC 29-1-8-3Verified Jul 14, 2026View source to 15 monthsIC 29-1-8-1 / IC 29-1-8-3Verified Jul 14, 2026View source to move through this process. The 3 monthsIC 29-1-14-1Verified Jul 14, 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 St. Joseph County
What probate costs in St. Joseph 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 Probate Court at 1000 S. Michigan Street, South Bend. The court is part of the Judicial District 4.
Probate matters are handled through Probate Division and Circuit Court (non-probate matters). Filing and payment go through these offices, not the main clerk window.
Local procedures at this court: Estate/guardianship representation by counsel is required absent advance court approval; QUEST Information Form required to open a new probate action. These are county-specific and not posted on the statewide court site.
Indiana charges $177IC § 33-37-4-7(a) (as amended by P.L.106-2025). Verified 2026-07-14Verified Jul 14, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
E-filing is mandatory for attorneys filing at the Probate Court (https://www.in.gov/courts/efiling/). Self-represented filers can request a paper-filing exemption.
Estimate the costs for this estate:
Attorney fees in Indiana are negotiated, typically 1.8%IC 29-1-10-13 (reasonable compensation; no statutory percentage)Verified Jul 14, 2026View source to 2.8%IC 29-1-10-13 (reasonable compensation; no statutory percentage)Verified Jul 14, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 2.23%Estimated from the 17 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Jul 14, 2026View source to 3.82%Estimated from the 17 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Jul 14, 2026View source of estate value. 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 29-1-8-1 / IC 29-1-8-3Verified Jul 14, 2026View source to 15 monthsIC 29-1-8-1 / IC 29-1-8-3Verified Jul 14, 2026View source, and costs accrue throughout. The 3 monthsIC 29-1-14-1Verified Jul 14, 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 Probate Court
If you're handling probate yourself in St. Joseph County, Indiana, you can file at the Probate Court in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms. The court sits in the Judicial District 4.
Filings here are routed through Probate Division and Circuit Court (non-probate matters). Confirm with the office which intake handles the petition type you're filing.
How to File Your Documents
You can file your probate documents in person or by mail. While attorneys are required to e-file in St. Joseph County, families handling probate themselves are exempt and can file on paper.
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 Probate Court is realistic.
For a full cost comparison and filing checklist, see the St. Joseph County Self-Filing Assessment.
St. Joseph 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 representation by counsel is required absent advance court approval
Rule LR71-PR00-602.5 provides that, unless the Court approves in advance, no personal representative of an estate or guardian may proceed without counsel. All estate and guardianship pleadings must be signed and verified by the petitioner (Rule 602.4).
SourceQUEST Information Form required to open a new probate action
Rule LR71-PR00-602.5.1: the QUEST Information Form provided by the Clerk of the Probate Court must be completed and filed with the Clerk, accompanied by requested documents and fees, before a cause number for the new action is assigned.
SourceWhat to Bring
To file at the Probate 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 St. Joseph 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
St. Joseph County
Address
Phone
Hours
E-recording
Recording fees
| Flat fee (any length) | $25 |
| County Auditor's real property endorsement (transfer)RequiredEvery deed and every instrument made under IC 32-17-14 (including a TOD deed). $10 per deed, or per legal description of each parcel contained in the deed.Paid to the COUNTY AUDITOR, not the recorder. IC 36-2-11-14(a): the recorder may record a conveyance of land or "a deed or instrument made under IC 32-17-14" only if it has been endorsed by the auditor. IC 36-2-9-18(e) makes the $10 endorsement fee mandatory ("The legislative body of a county shall adopt an ordinance requiring the auditor to collect a fee in the amount of ten dollars ($10)"). IC 36-2-9-18(d)(2) forbids the auditor from refusing to endorse a deed because it is made under IC 32-17-14. | $10 |
| SDF-1 (State Form 46021) Sales Disclosure FormConveyance documents that transfer a real property interest for VALUABLE CONSIDERATION. Not required for a TOD deed.IC 6-1.1-5.5-1 defines "conveyance" as a transfer for valuable consideration; IC 6-1.1-5.5-4(a) sets the filing fee at $20 payable to the county auditor. A TOD deed "is not required to be supported by consideration" (IC 32-17-14-11(c)) and conveys nothing during the owner's life, so no SDF and no $20 fee is due. DLGF Sales Disclosure Form Instructions: "A transfer of property for no consideration ... is NOT considered a conveyance for purposes of IC 6-1.1-5.5." | $20 |
Flat $25 for any deed or other instrument other than a mortgage, regardless of page count (IC 36-2-7-10(c)(1)). Mortgages are $55 (IC 36-2-7-10(c)(2)). A per-page charge applies ONLY to oversize pages — for pages larger than 8 1/2" x 14", $25 for the first page and $5 for each additional page (IC 36-2-7-10(c)(3)). A county fiscal body may add a $10 affordable-housing fee per document by ordinance where a unit in the county has an affordable housing fund (IC 36-2-7-10(c)(9)); no county outside Marion was found charging it as of 2026-07-13. Budget a separate $10 for the county auditor's mandatory endorsement (IC 36-2-9-18(e)) — a deed cannot be recorded without it.
IC 36-2-7-10(c)(1)
Transfer tax
None. Indiana does not impose a state real estate transfer tax.. Transfer-on-death deeds are generally exempt (There is no transfer tax to be exempt from. IC 36-2-7-10 is the complete schedule of recorder charges ("The fees prescribed and collected under this section supersede all other recording fees required by law" — IC 36-2-7-10(b)) and contains no tax. TOD deeds are recorded under IC 32-17-14-11 for the standard $25 recording fee.). Indiana levies no documentary stamp, conveyance, or transfer tax on any deed. The only conveyance-triggered state charge is the $20 Sales Disclosure Form filing fee (IC 6-1.1-5.5-4), which applies only to transfers for valuable consideration and therefore not to a TOD deed.
Document format requirements
- Office hours are 8:00 AM - 4:30 PM, but documents are accepted for recording only until 4:00 PM (public terminals close at 4:20 PM).
Verified July 13, 2026 · Source
Probate Attorneys Serving St. Joseph County
Indiana uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in St. Joseph County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.
Probate attorney fees in Indiana are based on reasonable compensation — typically 1.8%IC 29-1-10-13 (reasonable compensation; no statutory percentage)Verified Jul 14, 2026View source to 2.8%IC 29-1-10-13 (reasonable compensation; no statutory percentage)Verified Jul 14, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a St. Joseph County firm to quote a structure up front.
A probate attorney files the petition with the Probate 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
Godfrey Law Offices
FirmMishawaka/South Bend firm serving St. Joseph County and northern Indiana with probate and trust administration. Attorney Chris Godfrey handles estate settlement and trust administration alongside estate planning, elder law, life-care planning, and asset protection. Integrates clients' retirement assets into planning through the firm's structured process.
Location
215 Red Coach DrMishawaka, IN 46545
Phone
(574) 237-9000
Service Area
1 county
Hahn|Walz Attorneys at Law
FirmSouth Bend firm serving St. Joseph County and northern Indiana, with a practice tracing back to the 1920s. Handles probate administration following a death, estate settlement, and Medicaid planning, with attorneys covering wills, trusts, and general civil and probate litigation.
Location
509 W Washington StSouth Bend, IN 46601
Phone
(574) 400-8702
Established
1986
Service Area
2 counties
The Law Office of Mary L. Kohn, P.C.
FirmMary L. Kohn's South Bend firm serves St. Joseph and Elkhart counties in the Michiana area. Probate work includes property appraisal and sale, locating missing heirs, obtaining account balances, and establishing estate debt-payment plans, with in-home consultations for clients unable to travel.
Location
219 N Dixie Way, #125South Bend, IN 46637
Phone
(574) 271-0004
Established
1991
Service Area
1 county
Timothy E. Kalamaros, Law Office P.C.
Solo PracticeSolo Mishawaka practice concentrated in St. Joseph County probate and estate administration, covering probate of wills, trust administration, and guardianships. Handles the post-mortem side end to end and welcomes contested work, including will contests and representation of heirs and beneficiaries. Serves South Bend, Mishawaka, Granger, and roughly a dozen surrounding northern-Indiana counties.
Location
1117 Lincoln Way WestMishawaka, IN 46544
Phone
(574) 257-4802
Established
2000
Service Area
1 county
Statewide Practices
Frank & Kraft, Attorneys at Law
FirmIndianapolis estate and elder-law firm serving Marion County and surrounding central-Indiana communities (Carmel, Fishers, Greenwood, Plainfield) through the local probate process. Handles will filing, estate asset identification and valuation, debt and tax settlement, executor guidance, beneficiary disputes, and trust administration. Offers a free consultation.
Location
135 N Pennsylvania St, Suite 1100Indianapolis, IN 46204
Phone
(317) 684-1100
Service Area
Statewide
Indiana Estate & Elder Law
FirmFishers firm practicing exclusively in estate and elder law, with a post-death administration practice covering probate, estate, and trust administration for Hamilton County families and clients statewide via offices in Fishers, Franklin, Rockville, and Wabash. The firm frames its work around closing a loved one's estate and probate-avoidance administration.
Location
10412 Allisonville Rd, Suite 113Fishers, IN 46038
Phone
(317) 863-2030
Service Area
Statewide
Longstreet Law LLC
FirmSouth 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.
Location
401 E Colfax Ave, Suite 180South Bend, IN 46617
Phone
(574) 208-5982
Service Area
Statewide
Parr Richey Frandsen Patterson Kruse LLP
FirmIndianapolis firm (offices in Indianapolis and Lebanon) with an estate planning and probate group. The team counsels clients on administration of estates, trusts, and guardianships, the processing of related gift, estate, and fiduciary income tax returns, and estate audits and disputes under Indiana and Illinois law.
Location
251 N Illinois St, Suite 1800Indianapolis, IN 46204
Phone
(317) 269-2500
Established
1899
Service Area
Statewide
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
- Estimated from the 17 state statutes that set an executor fee schedule (median and interquartile range at this estate value)
- IC § 33-37-4-7(a) (as amended by P.L.106-2025). Verified 2026-07-14
- IC 29-1-10-13 (reasonable compensation; no statutory percentage)
- IC 29-1-14-1
- IC 29-1-8-1 / IC 29-1-8-3
Data sourced from Indiana statutes and official state code. How we research.
Frequently Asked Questions
You open probate by filing a petition with the Probate Court in St. Joseph 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 on a $500,000 estate run about $25,396 statewide in Indiana. For St. Joseph 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 Probate Court in St. Joseph 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 St. Joseph County probate.
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