Lakeville location of the locally owned and operated Palmer Funeral Homes, whose own employees perform every cremation at the firm's facility at Southlawn Cemetery. The firm helps families with veteran, Social Security, insurance and Medicaid filings.
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
Phone
Hours
Office
Website
E-filing
Self-represented filing
E-filing
Self-represented filing
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.
County forms
- Probate Court Filing Forms (Estate, Guardianship, Trust and Adoption Information Forms)The confidential information forms the clerk requires to open an estate, guardianship, trust or adoption, with what to bring.
Fax
Departments
- Probate Court Clerk1-574-235-9635 ext. 7045 · 1000 South Michigan Street, Juvenile Justice Center · Monday-Friday 8:00 AM-4:30 PMThe Clerk of the Circuit Court serves as clerk of the Probate Court from an office at the Juvenile Justice Center. A new estate or guardianship gets its cause number here before anything is filed in the court's QUEST system.
- Circuit Court (non-probate matters)1-574-235-9551 · 101 South Main StreetThe Circuit Court hears civil and criminal matters; estates, trusts and guardianships go to the Probate Court.
About the court
- St. Joseph County is the only Indiana county with a separate Probate Court, which hears estates, wills, trusts, guardianships, adoptions and paternity cases. The court and its clerk's office sit at the Juvenile Justice Center on South Michigan Street, apart from the Circuit and Superior Courts.
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.
SourceDocument 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.
SourceCourt 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.
SourceService 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.
SourceOther 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.
SourceWhat 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
Hours
Office
Website
Certified copies
Fax
Local rule
- The office has issued out-of-county death certificates since January 6, 2026. The Mishawaka office closed on June 20, 2025.
Certified copy fees
| First certified copy | $20 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Coroner
St. Joseph County · St. Joseph County Coroner
Phone
Office
Website
Mail and offices
Fax
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.
Family-owned Mishawaka funeral home in St. Joseph County, the former De Vos Funeral Home opened in 1937 and under its present owners since 1976. Its pre-planning options include a joint plan for a husband and wife.
Mishawaka funeral home founded in 1926 as the Thallemer Funeral Home, serving Mishawaka, South Bend, Granger, Osceola and the Michiana area. Remodeled in 2002 so the building has no steps at the entrance, it has a banquet room seating over 50 people.
New Carlisle funeral home in a historic house built in the 1800s, twenty minutes from South Bend. The family-owned firm, in its fifth generation, also has a South Bend home, secures the government benefits veterans are entitled to, and through its Kara Program donates all services to parents who lose a pre-term or stillborn child.
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.
Funeral homes by city: Lakeville, Mishawaka, New Carlisle, North Liberty, Osceola, South Bend, Walkerton
Cremation Services in St. Joseph County
14 listings
Pre-Need Funeral Plans in St. Joseph County
12 listings
Burial Services in St. Joseph County
1 listing
Veterans Funeral Services in St. Joseph County
10 listings
Green Burial in St. Joseph County
3 listings
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
Phone
Hours
Office
Website
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 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 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.
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.
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.
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 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.
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.
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)
- St. Joseph County Probate Court, official page
- St. Joseph County Recorder, official page
- St. Joseph 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.
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.
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.
Hire an Indiana Probate Attorney
Browse vetted Indiana attorneys handling probate matters.
Notify Banks & Financial Institutions
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