Submitting an Original Will to an Indiana Probate Court from Out of State

Overview

If you hold the original will of a person who died in Indiana but you live in another state, you will need to deliver the original document to the probate court in the Indiana county where the decedent lived at death. The clerk will file the will so that the probate process can begin. Below is a clear, step-by-step guide to what most Indiana probate courts expect, practical options if you are out of state, and common pitfalls to avoid.

Step‑by‑Step: How to submit the original will from out of state

1. Identify the correct county court.

   File in the probate division of the circuit/superior court in the county where the decedent was domiciled at death. If you are unsure which county, check the decedent’s last residence, voter registration, or contact the Indiana Judicial Branch for help: https://www.in.gov/judiciary/.

2. Contact the probate clerk before sending anything.

   Every county has local procedures (hours, fees, required forms, and whether they accept mailed originals). Call or check the county court’s website to confirm the clerk’s requirements for submitting an original will.

3. Prepare documents commonly required with the will.
   • Original will (the physical document).
   • Certified death certificate (usually required to open probate).
   • Completed Petition for Probate of Will and Appointment of Personal Representative (or county’s equivalent form).
   • Filing fee (amount varies by county) or fee waiver paperwork if eligible.
   • Contact information for heirs and beneficiaries, if known.

   Many counties post sample forms online; search the county court site or ask the clerk which forms they accept.

4. Choose how to deliver the original will.

   Options include:

   • Hire an Indiana probate attorney to file for you in person. This is the safest option if you cannot come to Indiana.
   • Use a trusted representative (family member or a local agent) to file in person.
   • Send the original by insured overnight courier or registered mail with return receipt, only after confirming the clerk accepts mailed originals. Keep tracking and insurance records.

   Do not email or fax the original will. Electronic copies are not substitutes for the original when filing to open probate.

5. Ask for the clerk to file‑stamp and docket the will.

   When the clerk receives the original will, they should file-stamp it and place it in the probate file. Ask whether the clerk will keep the original in the court file, return it to the appointed personal representative, or retain it for a set time. Confirm how you will receive notifications from the court (mail, email, or through an attorney).

6. If you want to be appointed personal representative (executor)

   File the petition to appoint a personal representative along with the will and death certificate. The court will schedule any required hearings and provide notice to interested persons. If you live out of state and plan to serve, discuss with the clerk or a local attorney whether you need to appoint a local agent for service of process (county practices can vary).

Key legal references

Indiana law governing wills and decedents’ estates is found in Indiana Code Title 29 (Decedents’ Estates). For general statutory rules and probate procedure, see:

Indiana Code Title 29 — Decedents’ Estates

Common issues and how to avoid them

• Sending the original by ordinary mail: Risk of loss or damage. Use insured, traceable delivery or have a local attorney file in person.
• Missing local rules or forms: Calling the clerk first avoids delays. Some counties require specific petition forms or additional documentation.
• Timing concerns: Prompt filing avoids others locating assets and prevents complications if someone else attempts to probate a competing will.
• Lack of a local agent or attorney: If you cannot appear in person, hiring an Indiana attorney is usually the most reliable way to handle filing, notice, and appointment procedures from out of state.

Practical checklist

1. Confirm county of decedent’s domicile in Indiana.
2. Call the county probate clerk and ask about accepting mailed originals and required forms.
3. Obtain a certified death certificate.
4. Prepare petition forms (or hire an attorney to prepare and file).
5. Ship the original will by insured overnight courier or deliver via a local attorney/agent.
6. Request filing confirmation and docket information from the clerk.

When to hire a lawyer

Consider hiring a licensed Indiana probate attorney if any of the following apply:

• The will is contested or multiple wills exist.
• Assets are large, complex, or titled in multiple jurisdictions.
• You cannot appear in Indiana and prefer a qualified person to handle filing, notices, and court appearances.
• County procedures are unclear or the clerk advises attorney filing is required.

Helpful Hints

• Always keep a clear chain of custody: photograph the original will (front and back) before sending, note courier tracking numbers, and retain receipts.
• Get multiple certified copies of the death certificate—courts, banks, and title companies will request them.
• If possible, send a clean copy of the will file-stamped by the clerk to beneficiaries so they know probate has started.
• Confirm whether the county requires in-person filing for certain petitions or hearings; remote hearings may be available but differ by county.
• If an out-of-state personal representative is appointed, ask the court or an attorney whether a local agent for service of process is advisable.

Disclaimer

This article is for educational purposes only and is not legal advice. Laws and court procedures change and can vary by county. For guidance tailored to your situation, consult a licensed Indiana probate attorney or contact the probate clerk in the county where the decedent lived.