Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer
To obtain estate files from a county probate division in Indiana, you must contact the clerk of the circuit or superior court in the county where the decedent resided or died. Indiana’s probate records are public unless sealed by court order under Indiana Code 29-3-8-2 (https://iga.in.gov/laws/2022/ic/titles/029#29-3-8-2). Most counties handle estate matters through their clerk’s office or a probate division.
Before you request records, gather the following information:
- Decedent’s full legal name: Use the exact name on the will or death certificate.
- Date of death: Month, day and year.
- County and court jurisdiction: Identify the county where the estate was filed.
- Case or file number: If you know it, include it. If not, provide an estimated filing date or year.
- Type of probate matter: For example, formal administration, small estate, or ancillary probate.
- Your contact information: Name, address, phone number, and email.
- Your relationship or interest: Identify if you are a personal representative, heir, creditor, or member of the public.
Pay attention to copying and search fees. Most Indiana counties charge per page and a search fee, as authorized under Indiana Code 33-37-4-1 (https://iga.in.gov/laws/2022/ic/titles/033#33-37-4-1). You can usually pay by cash, check or credit card. Many clerks offer online portals for remote requests, while others require in-person or written submissions.
If the estate records are sealed—such as certain adoption or juvenile guardianship files—you must obtain a court order to unseal them. See Indiana Code 29-3-8-2 (https://iga.in.gov/laws/2022/ic/titles/029#29-3-8-2). Submit your motion to the probate court, stating your reasons for access.
Helpful Hints
- Check the local court’s website for fee schedules and request forms.
- Use Indiana’s statewide case search (CCIS) to locate case numbers before contacting the clerk.
- Call the clerk’s office to confirm hours, fees, and any specific requirements.
- If you lack the case number, provide as much detail as possible, such as the decedent’s last known address or the approximate filing date.
- Request certified copies if you need documents for official purposes (e.g., title transfers).
- For sealed or confidential records, plan extra time to obtain a court order.