What to Do When Someone Dies in St. Joseph County, Indiana

How probate works in St. Joseph County: the Probate Court record, what the process costs, and how to file there.

Probate Court Record

St. Joseph County Probate Court

St. Joseph County · Judicial District 4

Hours

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

Office

1000 South Michigan Street, South Bend, IN 46601

Self-represented filing

This court requires an attorney

E-filing

Required for attorneysProbate Court filings are made electronically in the court's own case management system, QUEST, which requires a username and password issued under a user agreement with the court. The court provides access and help for self-represented filers. On paper: Some documents, such as inheritance tax returns, are filed on paper with the clerk; A self-represented filer files a signed paper copy unless signing electronically at the clerk's office.

Self-represented filing

This court requires an attorneyA personal representative or guardian may not proceed without a lawyer unless the court approves it in advance. The petitioner signs and swears to every estate and guardianship pleading.

Accepted payment

  • At the counterCheck.The Probate Court's estate and guardianship information forms ask the filer to bring the filing fee as a check; the guardianship form makes it payable to the St. Joseph County Clerk.

Verified October 16, 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 South Michigan Street, South Bend. The court sits in the Judicial District 4. St. Joseph County uses jjconline.org for probate e-filing, while most Indiana counties file through in.gov.

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 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 South Michigan Street, South Bend. The court is part of the Judicial District 4.

Procedures at this court that affect cost: The inventory is prepared within two months of appointment, and accounts follow the statutory format; Before a final account is heard, court costs are paid, claims are satisfied and the taxing authorities' closing letters are in hand; Attorney and personal representative fees in a supervised estate are approved with the final account.

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 Probate Court

Probate cases in St. Joseph County, Indiana are filed at the Probate Court. The court sits in the Judicial District 4.

Beside the filing office, the court lists separate lines for Probate Court Clerk and Circuit Court (non-probate matters).

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 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

A new estate is opened with the clerk's Estate Information Form before a cause number is assigned.

The form asks for the original will, the filing fee and envelopes addressed to the heirs and, where needed, creditors. The initial petition or confidential information sheet gives the personal representative's name, address, Social Security number, birth date and telephone number.

Source

Document Requirements

A petition to sell personal property in a supervised estate needs a written appraisal made within the past year.

The rule does not apply where the will authorizes the sale, to a public auction, or to securities traded on a recognized exchange. No personal representative's deed is approved in an unsupervised estate.

Source

Court Appearances

A personal representative or guardian needs a lawyer unless the court approves otherwise in advance.

A personal representative or guardian who lives outside Indiana either appears before the court on the initial petition or files an affidavit on education, employment and the absence of felony convictions, and posts bond as the statute requires.

Source

Service Requirements

Notice of the opening of an estate goes by first-class mail to every distributee and every reasonably ascertainable creditor.

Certified mail with return receipt is recommended. A petition or motion that requires notice is served with the notice, and the verified account is served with notice of the hearing on final settlement unless the person waives it.

Source

Other Requirements

An unsupervised estate needs a bond unless the personal representative is the sole beneficiary or the court orders otherwise.

The court may set a bond even when the will waives it. A personal representative who is an heir or legatee may have the bond reduced by that share, and no bond is required of a qualified corporate fiduciary.

Source

What to Bring

Filed with the opening petition at the Probate Court: 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 St. Joseph County

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

Vital Records Office Record

Local Health Department

St. Joseph County · St. Joseph County Department of Health, Vital Records Unit

Phone

1-574-235-9750 (option 3)

Hours

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

Office

County-City Building, 8th Floor, 227 West Jefferson Boulevard, South Bend, IN 46601

Certified copies

At the counter

Fax

1-574-235-9960

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

Coroner

St. Joseph County · St. Joseph County Coroner

Office

227 West Jefferson Boulevard, Suite 722, South Bend, IN 46601

Mail and offices

Fax

1-574-235-1890

Verified November 2, 2026 · Source

Funeral Homes in St. Joseph County

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

Mishawaka chapel, one of nine Palmer Funeral Homes locations, bought by Palmer in 2020. Palmer runs its own cremation facility at Southlawn Cemetery, where its employees perform each cremation individually, and helps families with veteran, Social Security, insurance and Medicaid filings.

CremationPre-need arrangementsVeterans services

North Liberty chapel of Palmer Funeral Homes, which acquired the Manuel Funeral Home in North Liberty in 2012; Palmer employees perform every cremation at the firm's own facility at Southlawn Cemetery. The firm helps families with veteran, Social Security, insurance and Medicaid filings.

CremationPre-need arrangementsVeterans services

See all 22 funeral homes in St. Joseph County →

Funeral homes by city: Lakeville, Mishawaka, New Carlisle, North Liberty, Osceola, South Bend, Walkerton

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

Transferring Property in St. Joseph 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 St. Joseph County are recorded with the County Recorder at 227 West Jefferson Boulevard, Room 321, South Bend, IN 46601. Phone: 1-574-235-9525. Hours: Monday-Friday 8:00 AM-4:30 PM.

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

St. Joseph County accepts electronic recording through CSC, ePN, Indecomm and Simplifile.

Recording Office Record

County Recorder

St. Joseph County

Hours

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

Office

227 West Jefferson Boulevard, Room 321, South Bend, IN 46601

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 St. Joseph 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 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.

Mishawaka/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.

Solo PracticeServes 1 countyEstate PlanningTrust AdministrationProbateElder LawAsset Protection

South 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.

Since 1986Serves 2 countiesEstate PlanningTrust AdministrationProbateProbate LitigationElder Law+2

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.

Solo PracticeServes 3 countiesFree consultationEstate PlanningTrust AdministrationProbatePowers Of AttorneyWills Trusts

Mary 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.

Solo PracticeSince 1994Serves 2 countiesEstate PlanningProbateElder LawWills Trusts

Solo Mishawaka practice concentrated in St. Joseph County probate and estate administration, covering probate of wills, appointment of personal representatives, trusts, and guardianships. Timothy Kalamaros advises executors and trustees carrying out an estate plan and sorts out estate disputes in court as needed. Serves South Bend, Mishawaka, Granger, and 13 more northern-Indiana counties.

Solo PracticeServes 14 countiesEstate PlanningTrust AdministrationProbateElder LawGuardianshipWills Trusts

Northwest Indiana firm based in Schererville (Lake County), with a second office in South Bend, handling estate administration after a death as well as planning. Represents clients in contested matters including will contests and breach-of-fiduciary-duty disputes, and employs in-house accountants for estate tax planning.

Serves 7 countiesFree consultationEstate PlanningProbateProbate LitigationTax PlanningWills Trusts

See all 22 firms serving St. Joseph 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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