Use This County Probate Reference Before You File
This page is built for the detailed county-level checks that generic probate guides usually miss: local filing fees, Clerk of the Circuit or Superior Court contact details, administrative orders, e-filing rules, and hearing logistics for Posey County.
Local Fee Schedule
Review county-specific probate filing charges before you estimate total case cost.
Court Rules and Orders
Check the local rules, judge procedures, and administrative orders that can change how a case moves.
Clerk and Filing Logistics
Confirm where to file, whether e-filing is allowed, and how hearings or notices are handled locally.
Posey County Clerk of the Circuit or Superior Court Guide
Posey County judicial circuit (Posey Circuit Court) · Clerk of the Circuit or Superior Court information · Updated July 2026
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Filing & Fees
Fee Schedule Signals
Source ↗Probate Filing Fees
| Filing Type | Fee |
|---|---|
Formal Administration Standard probate for larger estates | $177 |
Note: Indiana probate court costs are set statewide by statute and are the same in all 92 counties: a $120 probate costs fee (IC 33-37-4-7(a)) plus statutory add-on fees under IC 33-37-5 (document storage $5, automated record keeping $20, public defense administration $5, judicial insurance adjustment $1, judicial salaries $20, court administration $5, pro bono legal services $1), a uniform $177 total to open a decedent's estate whether administration is supervised or unsupervised. A $28 sheriff's service of process fee (IC 33-37-5-15) is added only if sheriff service is requested. Indiana charges NO estate-value-graduated court cost and NO probate tax, and has no state estate or inheritance tax for deaths after 2012. No costs fee is collected for offering a will for probate alone, filing a small-estate closing statement under IC 29-1-8-4, or a petition to open a safe deposit box (IC 33-37-4-7(c)); the small estate affidavit under IC 29-1-8-1 is presented directly to the asset holder, with no court filing and no filing fee. Amounts match the Indiana Code fee statutes as amended through the 2025 legislative session; verify the current total with the Posey County Clerk before filing.
Indiana probate court costs are set statewide by statute and are the same in all 92 counties: a $120 probate costs fee (IC 33-37-4-7(a)) plus statutory add-on fees under IC 33-37-5 (document storage $5, automated record keeping $20, public defense administration $5, judicial insurance adjustment $1, judicial salaries $20, court administration $5, pro bono legal services $1), a uniform $177 total to open a decedent's estate whether administration is supervised or unsupervised. A $28 sheriff's service of process fee (IC 33-37-5-15) is added only if sheriff service is requested. Indiana charges NO estate-value-graduated court cost and NO probate tax, and has no state estate or inheritance tax for deaths after 2012. No costs fee is collected for offering a will for probate alone, filing a small-estate closing statement under IC 29-1-8-4, or a petition to open a safe deposit box (IC 33-37-4-7(c)); the small estate affidavit under IC 29-1-8-1 is presented directly to the asset holder, with no court filing and no filing fee. Amounts match the Indiana Code fee statutes as amended through the 2025 legislative session; verify the current total with the Posey County Clerk before filing.
Required Documents
- Original Will
The original signed will, if one exists, presented to the court for probate. A will generally may not be probated more than three years after death (IC 29-1-7-15.1(g)).
- Petition for Probate of Will and Issuance of Letters (or Appointment of Administrator)
Filed with the clerk of the circuit or superior court with probate jurisdiction. Contents are prescribed by IC 29-1-7-5. The court issues letters testamentary (with a will) or letters of administration (without). Unsupervised administration may be requested under IC 29-1-7.5.
- Small Estate Affidavit
Affidavit under IC 29-1-8-1 to collect estate property 45 days after death when the estate is within the date-of-death-banded limit ($100,000 for deaths after June 30, 2022). Presented directly to the holder of the property; many counties and the state publish template forms (the BMV vehicle version is State Form 18733). Verify the preferred form with the institution or county.
E-Filing & Filing Methods
Source ↗Records portal
Check live court-record information when available. Search results may not include every probate record.
Timelines & Proceedings
Deadlines & Creditor Claims
Key Deadlines
- Will Deposit
- Verify locally
- Creditor Claims
- 3 months
Creditor Claims
- Period Starts
- first published notice to creditors
- Statute
- IC 29-1-14-1; IC 29-1-7-7
Related Proceedings
Property Recording
Source ↗Sources (10)
- https://www.in.gov/dA/73fb234765/court-directory.pdf
- https://www.in.gov/courts/local/posey-county/
- https://www.poseycountyin.gov/
- https://public.courts.in.gov/mycase/
- https://www.in.gov/courts/efiling/
- https://iga.in.gov/laws/2025/ic/titles/29#29-1-8-1
- https://iga.in.gov/laws/2025/ic/titles/29#29-1-8-3
- https://iga.in.gov/laws/2025/ic/titles/29#29-1-7-15.1
- https://iga.in.gov/laws/2025/ic/titles/29#29-1-14-1
- https://iga.in.gov/laws/2025/ic/titles/33#33-37-4-7