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Adams County, IN Probate Information
Quick facts
| Item | Adams County information |
|---|---|
| Court for estate cases | Adams Circuit Court. Adams County local rule LR01-AR01-1(B) assigns all estate, guardianship, adoption, and trust cases to the Adams Circuit Court. |
| Clerk counter | Adams County Clerk, 112 S 2nd Street, Room A, Decatur, IN 46733. |
| Court address | Adams Circuit Court, 112 S 2nd Street C, Decatur, IN 46733. |
| Mailing | Use the courthouse address unless the clerk directs otherwise. |
| Phone | Clerk: (260) 724-5309. Circuit Court: (260) 724-5307. |
| Clerk office: [email protected]. Circuit Court office: [email protected]. | |
| Fax | Call the clerk before sending faxed materials. |
| Hours | Clerk: Monday through Friday, 8:00 a.m. to 4:00 p.m. Eastern time. Circuit Court: Monday through Friday, with the court closed from noon to 1:00 p.m. for lunch. |
| Cost to open an estate | A petition for letters testamentary or letters of general administration carries $177 under IC 33-37, current through the 2026 Legislative Session. Sheriff service, if requested, adds $28 under IC 33-37-5-15, current through the 2026 Legislative Session. |
| Local forms | Adams County does not publish a local probate packet, cover sheet, checklist, or prescribed probate form on the county pages or in its local probate rules. |
| E-filing | Attorneys file through the Indiana E-Filing System. Unrepresented litigants are encouraged, but not required, to use it under Ind. Trial Rule 87. In Adams County, LR01-PR00-01 requires an Indiana attorney of record for estate filings. |
| Case search | Search MyCase at https://mycase.in.gov/. Estate cases appear as EU, ES, or EM. |
| Remote appearance | Ask the Adams Circuit Court about the specific hearing. Indiana courts may handle non-testimonial hearings remotely at the court's discretion, while testimonial hearings are in person unless good cause or party agreement supports remote participation under Ind. Administrative Rule 14. |
| Website | County clerk: https://www.co.adams.in.us/174/Clerks-Office. Circuit Court: https://www.co.adams.in.us/173/Circuit-Court. Indiana Judicial Branch Adams County page: https://www.in.gov/courts/local/adams-county/. |
Before you begin — know the assets and liabilities
Before you ask an attorney to open an Adams County estate, collect the will if there is one, a death certificate, a list of probate assets, known debts, beneficiary designations, co-owned property details, and the names and addresses of heirs or beneficiaries. Adams County's counsel rule makes this front-end work especially important because the attorney will need enough information to choose the right petition and prepare the initial filing.
Estate settlement goes faster when you know which accounts, vehicles, real estate, debts, and beneficiary assets exist before the first court filing. Sunset's asset discovery can search across 2,300 institutions, organize what it finds, and help your Adams County attorney build the probate packet around the actual asset picture.
Which court handles jurisdiction
Adams County has one courthouse in Decatur serving the whole county. Adams County constitutes the twenty-sixth judicial circuit under IC 33-33-1-1, and the Adams County local caseload rule assigns estate cases to the Adams Circuit Court.
Indiana venue for probating a will and administering an estate is the county where the decedent was domiciled at death, or, for a non-Indiana domiciliary, a county where the decedent left property or where estate property later came (IC 29-1-7-1). If the decedent was domiciled in Adams County, file the estate as an Adams County matter. Decatur is the Adams County courthouse city, not Decatur County.
The jurisdiction process
- Confirm that Adams County is the right venue under IC 29-1-7-1, then gather the will, death certificate, asset list, debt list, and heir or beneficiary information for the attorney.
- Retain an Indiana attorney of record. Adams County local rule LR01-PR00-01 says no estates, guardianships, or other probate matters will be filed unless at least one attorney admitted in Indiana is listed as attorney of record.
- The attorney prepares the petition for probate of will and issuance of letters testamentary, or the petition for letters of general administration if there is no will. If a will is e-filed, Ind. Trial Rule 87(E) requires a copy of the will and a sworn affidavit about possession and retention of the original will.
- The attorney files with the Adams County Clerk at 112 S 2nd Street, Room A, Decatur, for assignment to the Adams Circuit Court under LR01-AR01-1(B).
- Pay the court cost for the estate-opening petition. A petition for letters testamentary or letters of general administration carries $177 under IC 33-37, current through the 2026 Legislative Session. Sheriff service, if requested, adds $28 under IC 33-37-5-15, current through the 2026 Legislative Session.
- After letters issue, publish and serve the Indiana notice of administration. Indiana requires publication once each week for two consecutive weeks, and creditor claims are tied to the statutory notice periods (IC 29-1-7-7, IC 29-1-14-1).
- Ask the Adams Circuit Court whether any hearing can be handled remotely. Non-testimonial proceedings may be remote at the court's discretion, while testimonial proceedings are in person unless good cause or agreement supports remote participation (Ind. Administrative Rule 14).
- Use the letters testamentary or letters of general administration as proof of the personal representative's authority, collect assets, pay valid claims and expenses, and handle sale or transfer requests through counsel. In a supervised Adams County estate, a petition to sell real property requires a written fair-market-value appraisal filed with the petition unless the appraisal is already in the inventory under LR01-PR00-05.
- Close the estate through the appropriate Indiana closing procedure. If the estate cannot be closed within one year of appointment, Adams County LR01-PR00-06 requires the attorney for the personal representative to report the estate's condition to the court and to continue annual reports until the estate is fully administered.
Executor duties
Adams County adds several local duties to the statewide personal representative role. In a supervised estate, LR01-PR00-03 requires the personal representative to file a verified inventory with the Adams Circuit Court within two months after appointment, unless more time is requested through the attorney.
If supervised real estate must be sold, LR01-PR00-05 requires a competent written appraisal of fair market value to be filed with the petition to sell, unless that appraisal is already included in the inventory. If the estate remains open, LR01-PR00-06 requires annual status reporting by the attorney for the personal representative until the estate is fully administered.
Forms and documents
Probate forms in Adams County
Adams County does not publish a local probate packet, cover sheet, checklist, or prescribed probate form on the county pages or in the Adams local probate rules. The attorney of record prepares the Adams County estate-opening documents and files them with the Adams County Clerk for the Adams Circuit Court.
Indiana does not have a statewide court-approved probate form set for opening a regular estate. Indiana Legal Help publishes the Coalition for Court Access small estate affidavit, CCA-EM-0722-5000, but that affidavit is presented to the bank or other asset holder rather than filed with the court.
Fees
Adams County has a local fee guideline for attorney and personal representative compensation in supervised estates and in matters with no administration. LR01-PR00-08 says the guideline is based on the gross value of probate assets and covers usual and ordinary probate services, including consultations before appointment, filing the inventory, tax-related probate work, the final report, and related matters.
This Adams County guideline is not a court cost. The statutory court cost for a petition for letters testamentary or letters of general administration is $177 under IC 33-37, current through the 2026 Legislative Session, and sheriff service, if requested, adds $28 under IC 33-37-5-15, current through the 2026 Legislative Session.
Local nuance
Adams County-specific considerations
| Local point | What it means in Adams County |
|---|---|
| Estate cases go to the Adams Circuit Court | LR01-AR01-1(B) assigns all estate, guardianship, adoption, and trust cases to the Adams Circuit Court. The filing counter is still the Adams County Clerk. |
| Indiana counsel is required for court probate matters | LR01-PR00-01 says no estate, guardianship, or other probate matter will be filed unless at least one Indiana attorney is listed as attorney of record. |
| Supervised inventories are filed locally | LR01-PR00-03 requires a verified inventory to be filed with the court in supervised estates within two months after appointment, unless more time is requested. |
| Real estate sale petitions need appraisal support | LR01-PR00-05 requires a written fair-market-value appraisal with a supervised-estate petition to sell real property unless already included in the inventory. |
Small-estate Alternatives
The Indiana Legal Help small estate affidavit is an out-of-court form presented to an asset holder, not filed with the Adams Circuit Court. Because it does not open an Adams County court probate matter, Adams County's attorney-of-record rule does not apply to that affidavit route. If you need court appointment of a personal representative in Adams County, LR01-PR00-01 applies.
Recent updates
Scenarios
| Situation | Likely Adams County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by reviewing the deed, the will, debts, accounts, and beneficiary assets with an Indiana attorney. If a court estate is needed, LR01-PR00-01 requires an Indiana attorney of record, and the estate is assigned to the Adams Circuit Court. | Sunset helps identify accounts, organize documents, and prepare the asset picture the Adams County attorney needs for estate settlement. |
| Out-of-state adult child with a small estate | If the out-of-court small estate affidavit route works, the affidavit goes to the asset holder rather than the court. If court appointment is needed, a nonresident personal representative may serve under IC 29-1-10-1(d), but Adams County still requires Indiana counsel of record for the filing. | Sunset helps sort court and non-court assets, locate accounts, and connect the child with local counsel when Adams County court probate is needed. |
| Parent settling a predeceased child's estate, home must be sold | Use an Indiana attorney from the start. If the estate is supervised, LR01-PR00-05 requires a written fair-market-value appraisal filed with the petition to sell real property unless the appraisal is already in the inventory. | Sunset helps build the estate settlement checklist, collect property and account information, and find a local probate attorney for the Adams Circuit Court process. |
Self-help resources
| Resource | How it helps |
|---|---|
| Indiana Judicial Branch, Adams County page, https://www.in.gov/courts/local/adams-county/ | Links to Adams County local rules, court contact information, MyCase, and e-filing resources. |
| Adams County Clerk, https://www.co.adams.in.us/174/Clerks-Office | Clerk counter address, office hours, phone, and office email for filings at the Adams County Courthouse. |
| Adams Circuit Court, https://www.co.adams.in.us/173/Circuit-Court | Court address, court phone, office email, and court lunch closure information. |
| Indiana Legal Help, Estate, https://indianalegalhelp.org/legal-topic-category/estate-2/ | Small estate affidavit CCA-EM-0722-5000 and statewide estate FAQs. The affidavit is not filed with the court. |
| MyCase, https://mycase.in.gov/ | Statewide public case search for Adams County estate cases using EU, ES, and EM case types. |
| Indiana e-filing, https://www.in.gov/courts/efiling/ | Information about the Indiana E-Filing System, provider choices, and filing guides. |
| Indiana Legal Services, Fort Wayne office | Free civil legal aid intake for eligible low-income Hoosiers. The Fort Wayne office serves Adams County and can be reached at (260) 424-9155. |
| Indiana Free Legal Answers, https://indiana.freelegalanswers.org/ | Free confidential answers from volunteer Indiana attorneys for qualifying users. |
When to hire an attorney
In many Indiana counties, counsel may be a practical choice; in Adams County, it is a filing requirement for court probate matters. LR01-PR00-01 says no estate, guardianship, or other probate matter will be filed unless at least one Indiana attorney is listed as attorney of record, and the court will look to the Indiana attorney as the responsible attorney in probate matters. Sunset connects to a vetted attorney
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank accounts, investment accounts, insurance, vehicles, real estate leads, and debts so the Adams County attorney starts with a reliable estate settlement inventory rather than scattered paperwork.
Generate the probate packet. Sunset organizes the information needed for the petition, notice details, asset list, and closing checklist. In Adams County, that packet is designed to support the Indiana attorney of record who files with the Adams County Clerk for the Adams Circuit Court.
Find a local probate attorney. Adams County local rule LR01-PR00-01 requires an Indiana attorney of record for estate filings, so attorney matching is not an afterthought here. Sunset helps families find counsel familiar with Adams County probate practice.
Sunset is free for families. Families can use Sunset to understand the estate settlement path, collect documents, and decide what needs to be handed to counsel without paying Sunset for access.
Frequently asked questions
Where do I file to probate a will in Adams County?
File through the Adams County Clerk at 112 S 2nd Street, Room A, Decatur, IN 46733. Adams County local rule LR01-AR01-1(B) assigns estate cases to the Adams Circuit Court.
Do I need a lawyer to probate an estate in Adams County?
Yes, for a court probate matter. LR01-PR00-01 says no estate, guardianship, or other probate matter will be filed unless at least one attorney admitted to practice law in Indiana is listed as attorney of record.
Does the Adams Circuit Court or Adams Superior Court hear estate cases?
Adams County estate cases are assigned to the Adams Circuit Court. The local caseload allocation rule assigns estate, guardianship, adoption, and trust cases to the Adams Circuit Court, while the clerk remains the filing office.
What does it cost to open an estate in Adams County?
A petition for letters testamentary or letters of general administration carries $177 under IC 33-37, current through the 2026 Legislative Session. Sheriff service, if requested, adds $28 under IC 33-37-5-15, current through the 2026 Legislative Session. Attorney compensation is separate, and Adams County has a local guideline in LR01-PR00-08 for supervised estates and matters with no administration.
Is there a deadline for the inventory in an Adams County estate?
Yes, in a supervised estate. LR01-PR00-03 requires the personal representative to file a verified inventory with the Adams Circuit Court within two months after appointment, unless the attorney requests more time.
Can I look up an Adams County estate case online?
Yes. Search MyCase at https://mycase.in.gov/ using the decedent's name. Indiana estate case types include EU for unsupervised estate, ES for supervised estate, and EM for estate miscellaneous.
Will I have to appear in person at the Adams County courthouse?
Ask the Adams Circuit Court about the specific hearing. Under Ind. Administrative Rule 14, non-testimonial hearings may be remote at the court's discretion, while hearings with sworn testimony are in person unless good cause or party agreement supports remote participation.
Does Adams County have local probate forms?
Adams County does not publish a local probate packet, cover sheet, checklist, or prescribed probate form on the county pages or in the local probate rules. The Indiana attorney of record prepares the filing documents for the Adams Circuit Court.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.