What to Do When Someone Dies in Washington County, Indiana

How probate works in Washington County: the Circuit Court record, what the process costs, and how to file there.

Probate Court Record

Washington County Circuit Court

Washington County · Judicial District 24

Hours

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

Office

801 South Jackson Street, Suite 103, Salem, IN 47167

Self-represented filing

Allowed

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.

Verified October 16, 2026 · Source

How Probate Works in Washington 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 Washington County, probate runs through the Circuit Court at 801 South Jackson Street, Suite 103, Salem. The court sits in the Judicial District 24. The same Judicial District 24 also serves Crawford, Harrison and Orange.

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 Washington County

What probate costs in Washington 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 Court at 801 South Jackson Street, Suite 103, Salem. The court is part of the Judicial District 24.

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 Court

Probate cases in Washington County, Indiana are filed at the Circuit Court. The court sits in the Judicial District 24.

Beside the filing office, the court lists separate lines for Clerk and Superior Court (guardianships).

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 Washington County Self-Filing Assessment.

Washington 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

Estates are assigned to the Circuit Court and guardianships to the Superior Court.

The clerk makes the assignment when the case is filed; a filer does not choose the court for either case type.

Source

What to Bring

Filed with the opening petition at the Circuit 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 Washington County

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

Vital Records Office Record

Local Health Department

Washington County · Washington County Health Department, Vital Records

Hours

Monday-Friday 8:00 AM-noon and 1:00 PM-4:00 PM

Office

806 Martinsburg Road, Suite 100, Salem, IN 47167

Order online

Fax

1-812-883-5017

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

Coroner

Washington County · Washington County Coroner

Office

1013 South Webb Street, Salem, IN 47167

Verified November 2, 2026 · Source

Transferring Property in Washington 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 Washington County are recorded with the County Recorder at 99 Public Square, Suite 100, Salem, IN 47167. Phone: 1-812-883-4001. Hours: Monday-Friday 8:00 AM-4:00 PM.

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

Recording Office Record

County Recorder

Washington County

Hours

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

Office

99 Public Square, Suite 100, Salem, IN 47167

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 Washington 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 Washington County firm to quote a structure up front.

A probate attorney files the petition with the Circuit 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.

FirmNew Albany, IN

Brightwell Elder and Probate Law

Since 1998 · Serves 6 counties

New Albany elder law and probate firm led by Bruce Brightwell, serving Floyd, Clark, Harrison, Orange, Scott, and Washington counties. Handles estate opening, appointment of executors, payment of estate debts and taxes, asset distribution, and probate litigation over will disputes. Practising in Indiana since 1998.

PracticesEstate PlanningProbateProbate LitigationElder Lawand 4 more

Office
1212 State StNew Albany, IN 47150
Free consultation

FirmNew Albany, IN

Mattox & Wilson, L.L.P.

Serves 6 counties

New Albany firm guiding families through probate in Floyd County and neighboring Southern Indiana counties (Clark, Harrison, Scott, Jefferson, Washington). Handles estate administration — filing the will, valuing assets, paying debts and taxes, distributing to beneficiaries — and will contests based on undue influence, lack of capacity, or fraud.

PracticesEstate PlanningProbateProbate LitigationElder Lawand 4 more

Office
125 E Spring StNew Albany, IN 47150
Free consultation

FirmJeffersonville, IN

Smith Carpenter Fondrisi Cummins & Schulte, LLC

Since 1905 · Serves 5 counties

Jeffersonville firm in Clark County, grown from a practice commenced in 1905 and serving southern Indiana and the Louisville metro. Its probate work covers getting the personal representative appointed, accounting for and preserving estate assets, final tax filings, and distribution under the will or the intestacy statutes.

PracticesEstate PlanningProbateElder LawGuardianshipWills Trusts

Office
209 E Chestnut StJeffersonville, IN 47130

FirmSeymour, IN

Montgomery, Elsner & Pardieck, LLP

Since 1885 · Serves 6 counties

Century-old Seymour firm serving Jackson County and southern Indiana from a single office. Attorney Greg S. Morin handles estate administration and trusts alongside estate planning, and the firm's elder-law practice covers Medicaid and long-term-care planning, incapacity planning, and guardianships.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 3 more

Office
308 W 2nd StSeymour, IN 47274

FirmBedford, IN

Smith Law Office

Since 2022 · Serves 8 counties

Bedford firm in Lawrence County, founded in 2022 by David A. and Patrick J. Smith. David handles probate and trust administration, elder law and long-term-care planning, special-needs and Miller trusts, and guardianships, and is also licensed in Florida for Indiana clients holding property there.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 2 more

Office
1516 I StBedford, IN 47421

Solo PracticeVincennes, IN

Bouchie Law LLC

Serves the whole state

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.

PracticesEstate PlanningGuardianshipWills Trusts

Office
P.O. Box 992Vincennes, IN 47591
Free consultationVirtual consultations
See all 20 firms serving Washington 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.

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Legal Sources

Show 5 more sources

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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