Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.
Detailed Answer
In Indiana, probate cases are filed in the county where the decedent resided at death or owned real property. To determine whether a probate estate has been opened, follow these steps:
- Search the Indiana Judiciary Public Portal: Visit public.courts.in.gov/mycase. Enter the decedent’s full name (and county, if prompted) to view any active or closed probate dockets.
- Contact the County Clerk’s Office: Identify the Circuit or Superior Court Clerk in the county of the decedent’s last residence. Provide the decedent’s name and date of death. Clerks can confirm whether a probate file exists and provide case numbers.
- Review Physical Court Files: If online records are incomplete, visit the clerk’s office in person. Indiana Code Title 29, Article 1, Chapter 7 grants public access to probate records. You can inspect dockets, pleadings, inventories, and orders once a case is filed. See Indiana Code § 29-1-7-1.
Statutory Basis
Under Indiana Code § 29-1-7-1, probate records are open to the public and maintained by county courts, allowing interested parties to verify filings, view documents, and track case status.
Helpful Hints
- Use the decedent’s full legal name (including middle name) to improve search accuracy online and in person.
- If you’re unsure of the county, check the decedent’s last address on official documents (e.g., driver’s license, tax records).
- Ask the clerk for a case number or filing date once you locate a match—this speeds up record retrieval.
- Request certified copies of filings if you need to prove estate status for title transfers or financial institutions.
- Consider hiring a probate attorney or a title search professional if the estate involves real property or substantial assets.