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Allen County, IN Probate Information

Quick facts

Topic	Allen County details
Court for estates	Allen Superior Court, Civil Division. Supervised estate, ES, and unsupervised estate, EU, cases are filed in Allen Superior Court 2. Estate miscellaneous, EM, guardianship and trust matters are filed in Allen Superior Court 3 under LR02-AR1E-1.
Estate filing counter	Clerk of the Allen Circuit and Superior Courts, Allen County Courthouse, 715 South Calhoun Street, Room 201, Fort Wayne, IN 46802. Room 201 is where estate paperwork is handed in. The Clerk's office is also listed at Room 200A.
Mailing	Allen County Clerk of the Courts, 715 South Calhoun Street, Room 201, Fort Wayne, IN 46802.
Phone	Probate line: (260) 449-7543. Clerk general line: (260) 449-7245. Copies and certified copies: (260) 449-7890.
Fax	(260) 449-7658
Hours	8:00 a.m. to 4:30 p.m., Monday through Friday, except designated holidays.
Cost	On the Clerk's schedule effective January 1, 2025, $177 for a supervised estate, ES, and $177 for an unsupervised estate, EU (IC 33-37-4-7, IC 33-37-5). Estate miscellaneous, EM, for probating a will or opening a safety deposit box is listed as No Charge. Add $28 if the sheriff serves process (IC 33-37-5-15).
Local forms	Yes. The Clerk offers a full Allen County probate form set, including petitions, notices, an inventory, estate claim forms, personal representative letters and an Allen County affidavit for transfer of assets without administration.
E-filing	Attorneys e-file through the Indiana E-Filing System. People without lawyers may e-file or bring papers to Room 201, where the Clerk scans them and transmits them to the court. Estate case types use Allen County, Odyssey.
Case search	MyCase at mycase.in.gov. Select Allen County and search by the decedent's name or cause number. Estate case types appear as EU, ES or EM.
Hearings	Most probate hearings are held in Courthouse Room 106. Remote appearance is at the judge's discretion and is requested through counsel or by writing to the judge or magistrate through the Clerk with the case number.
Websites	Allen Superior Court Probate Division: https://www.allencounty.in.gov/1106/Probate-Division. Clerk probate forms: https://allencountyclerk.in.gov/legal-forms-resources/forms/probate-forms/. Indiana Judicial Branch local page: https://www.in.gov/courts/local/allen-county/.

Before you begin — know the assets and liabilities

Start with the assets before choosing a form. In Allen County, the route changes depending on whether property was jointly owned, had a beneficiary, was titled only in the decedent's name, or qualifies for the small estate affidavit route. Sunset's 2,300-institution asset discovery helps identify the accounts and property that decide whether you use Allen County's affidavit, an unsupervised estate or a supervised estate.

List the debts before you open a case, because estate settlement in Allen County runs on a different track depending on what is owed. Solvency affects whether unsupervised administration is available (IC 29-1-7.5-2), publication is required in every administration (IC 29-1-7-7), and creditor claims are forever barred three months after first publication or nine months after death, whichever is earlier (IC 29-1-14-1).

Which court handles jurisdiction

File in Allen County when the decedent was domiciled in Allen County at death. Indiana venue for probate of a will and administration of an estate is the county of domicile, and a nonresident estate may also be administered in an Indiana county where the decedent left property (IC 29-1-7-1).

Allen County uses one filing counter for the county: the Clerk of the Allen Circuit and Superior Courts at the Allen County Courthouse in Fort Wayne. The Clerk serves the circuit and superior courts (IC 33-32-2-1). After filing, LR02-AR1E-1 sends supervised and unsupervised estate cases to Allen Superior Court 2, and estate miscellaneous, guardianship and trust matters to Allen Superior Court 3.

The Fort Wayne courthouse serves Allen County communities including Fort Wayne, New Haven, Woodburn, Grabill, Huntertown, Leo-Cedarville, Monroeville, Zanesville and unincorporated areas across the county. Allen County does not use a second estate filing location.

The jurisdiction process

Decide whether court administration is needed. Joint bank accounts, jointly owned real estate and beneficiary assets may pass without court help. If the gross probate estate, less liens, encumbrances and reasonable funeral expenses, is $100,000 or less for a death after June 30, 2022, the small estate affidavit route may apply after forty-five days (IC 29-1-8-1).
Choose the local papers. Allen County forms include the petition for probate of will, the petition for appointment of personal representative, the personal representative oath, the proposed order, personal representative letters, consent to unsupervised administration, notices, inventory and estate claim forms. If there is a will, have the original will and a certified death certificate available.
File with the Clerk in Room 201. Attorneys e-file through the Indiana E-Filing System using Allen County, Odyssey, for estate case types. A self-represented filer may e-file or bring the papers to Room 201 of the Allen County Courthouse, where the Clerk scans them and transmits them to the court.
Select the case type carefully. A supervised estate is ES, an unsupervised estate is EU and an estate miscellaneous matter is EM. LR02-TR86-13 allows the court to require a new case and another payment if the wrong case type is chosen.
Pay the amount on the Clerk's schedule. Effective January 1, 2025, the Clerk lists $177 for a supervised estate, ES, and $177 for an unsupervised estate, EU (IC 33-37-4-7, IC 33-37-5). An estate miscellaneous filing, EM, for probating a will or opening a safety deposit box is listed as No Charge. Add $28 if the sheriff serves process (IC 33-37-5-15).
The case is routed by local rule. Supervised and unsupervised estates go to Allen Superior Court 2. Estate miscellaneous, guardianship and trust matters go to Allen Superior Court 3. The Civil Division magistrate assigned to probate matters may fix bonds, admit wills, appoint or remove personal representatives and enter final orders (LR02-AR00-21, IC 33-33-2-14).
Expect a bond if you proceed without a lawyer. Allen County does not have a local rule requiring counsel for every personal representative, but the court's guidance says that a personal representative who does not hire an attorney will be ordered to obtain a surety bond.
Get letters from the Clerk after appointment. Once the court signs the appointment order, the Clerk issues the personal representative's letters, such as letters testamentary for a will or letters of general administration when there is no will (IC 29-1-10-1, IC 29-1-10-4). Certified copies from the Clerk cost $1.00 per page, plus $3.00 per document for certification (IC 33-37-5-1, IC 33-37-5-3).
Publish and serve notice. Indiana requires notice of administration to be published in every supervised or unsupervised administration (IC 29-1-7-7). Allen County offers local notices for publication, supervised administration, mailing to a distributee and mailing to a creditor.
Handle the original will correctly. If a will is e-filed as a copy, Ind. Trial Rule 87(E) requires the original to be retained. Allen County's e-filed petition and LR02-TR86-22 require retention for the duration of the administration or at least three months from the date admitted to probate, whichever is longer.
Prepare and, when required locally, file the inventory. Indiana requires a verified inventory to be prepared within two months after appointment (IC 29-1-12-1, IC 29-1-7.5-3.2). In an Allen County supervised administration, the court expects the inventory to be filed within sixty days of appointment.
Close the estate. A supervised estate closes with a Final Report and Accounting, and an unsupervised estate closes with a closing statement. Filing a closing statement for an estate described in IC 29-1-8-4 carries no court costs fee (IC 33-37-4-7(c)(4)). In a supervised estate, attorney and personal representative fees are handled by petition under LR02-AR00-20.
If a hearing is set, check the case on MyCase. Most probate hearings are held in Courthouse Room 106. Remote appearance is at the judge's discretion and is requested through counsel or by writing to the judge or magistrate through the Clerk with the case number.

Executor duties

Allen County uses the statewide Indiana term personal representative. Local practice adds several practical duties to the statewide job:

File the inventory within sixty days of appointment if the estate is supervised, using the Clerk's local Inventory form.
Expect a surety bond if you administer the estate without an attorney.
Keep the original will safe if the will was e-filed as a copy, and retain it for the duration of the administration or at least three months from the date it was admitted to probate, whichever is longer.
Use the Clerk's local notices for publication, supervised administration, mailing to distributees and mailing to creditors.
Handle claims through the Clerk using the local Estate Claim form and Notice to Clerk on Estate Claim form when needed.
In a supervised estate, do not pay attorney or personal representative fees until a fee petition has been filed and determined by the court under LR02-AR00-20.
Close with the right document: a Final Report and Accounting for a supervised estate, or a closing statement for an unsupervised estate.

Forms and documents

Probate forms in Allen County

Allen County has a local probate form set through the Clerk of the Allen Circuit and Superior Courts. The forms are captioned for the Allen Superior Court Probate Division and include two versions of the petition for probate of will, petition for appointment of personal representative, order appointing personal representative, personal representative oath, personal representative letters, consent to unsupervised administration, notices of supervised and unsupervised administration, notice of administration for publication, inventory, estate claim, final settlement notice forms, final decree, trust and guardianship forms and Allen County's affidavit for transfer of assets without administration.

The two will petitions matter. The e-filed version says an electronic copy of the will is submitted and the original is retained by the filer for the duration of any estate administration or at least three months from admission to probate, whichever is longer. The not e-filed version is used when the original will is submitted conventionally. This local practice lines up with Ind. Trial Rule 87(E) and LR02-TR86-22.

Indiana has no statewide court-approved probate form set. The statewide estate self-help form is Indiana Legal Help's small estate affidavit, CCA-EM-0722-5000, and that form is not filed with the court. In Allen County, use the Clerk's local probate forms for a court case and ask the Clerk if a form is missing from the packet you need.

Fees

Allen County has a local fee layer because the Clerk gives a dated civil cost schedule and the court has a supervised-estate attorney-fee guideline. On the Clerk's schedule effective January 1, 2025, a supervised estate, ES, is $177 and an unsupervised estate, EU, is $177 (IC 33-37-4-7, IC 33-37-5). Estate miscellaneous, EM, for probating a will or opening a safety deposit box is listed as No Charge. Add $28 if the sheriff serves process (IC 33-37-5-15).

Copies and certifications are separate. Certified copies of personal representative letters are often needed for banks and transfer agents. The Clerk charges $1.00 per page, plus $3.00 per document for certification (IC 33-37-5-1, IC 33-37-5-3).

LR02-AR00-20 is not a court cost. It is Allen County's guideline for attorney and personal representative fees in supervised estates. The guideline starts with a minimum of $500.00 plus a percentage of the gross estate, including not more than 6 percent of the first $100,000, and the court will not determine fees in an unsupervised administration. In a supervised estate, fees are paid only after a petition is filed and determined by the court, then one half on approval of the fee petition and one half on approval of the Final Report.

Timeline

Filing to appointment: papers handed in at Room 201 are scanned and transmitted to the court for a judge's review, and the order appointing the personal representative is signed when the papers are in order. No fixed waiting period applies, so ask the Clerk about current turnaround.
Within sixty days after appointment in a supervised estate: Allen County expects the inventory to be filed. Indiana requires a verified inventory to be prepared within two months after appointment (IC 29-1-12-1, IC 29-1-7.5-3.2).
Three months after the first published notice to creditors: the earliest an unsupervised estate can close by verified closing statement (IC 29-1-7.5-4), and the deadline for most creditor claims (IC 29-1-14-1).
Nine months after death: the absolute claims bar applies (IC 29-1-14-1).
Overall administration: Allen County guidance says an estate administration takes a minimum of three months because of notice requirements and usually nine to twelve months. That is a planning range for estate settlement, not a promised court date.
Hearing dates: most probate hearings are held in Courthouse Room 106. Look up the case on MyCase for the hearing date and time set in your own case, or ask the court's Administrative Office to confirm a scheduled date.

Local nuance

Allen County-specific considerations

Allen County keeps its probate rules inside its local civil rules rather than in a separate probate rule series, so the rules that matter to an estate are LR02-AR00-20 on fees, LR02-AR00-21 on the magistrate's authority, LR02-TR86-13 on case assignment and LR02-TR86-22 on a will filed on paper.
Supervised and unsupervised estates, ES and EU, are filed in Allen Superior Court 2. Estate miscellaneous, guardianship and trust matters, EM, GU, GM and TR, are filed in Allen Superior Court 3.
The Allen Circuit Court also has original and concurrent jurisdiction in all civil cases, and it hears domestic relations, paternity, mortgage foreclosure, civil and certain criminal cases in Allen County, but the caseload allocation plan routes estate cases to the Allen Superior Court.
The Civil Division magistrate assigned to probate, guardianship and trust matters can fix bonds, audit accounts, admit wills to probate, appoint and remove personal representatives, manage estate assets and enter final orders (LR02-AR00-21, IC 33-33-2-14).
If a personal representative proceeds without an attorney, the court will order a surety bond.
In a supervised administration, Allen County expects the inventory to be filed within sixty days of appointment.
In a supervised estate, no attorney or personal representative fee is paid until a fee petition is filed and determined by the court. The court will not determine fees in an unsupervised administration.
A will filed on paper is kept by the Clerk for the duration of the administration or at least three months from the date admitted to probate, whichever is longer (LR02-TR86-22). If the will is e-filed as a copy, the filer keeps the original under Ind. Trial Rule 87(E).
Choosing the wrong estate case type can require opening a new case with the correct case type and paying again (LR02-TR86-13).

Small-estate Alternatives

Allen County offers its own affidavit for transfer of assets without administration. It is the local version of Indiana's small estate affidavit route, and it applies when the gross probate estate, less liens, encumbrances and reasonable funeral expenses, is $100,000 or less for a death after June 30, 2022 (IC 29-1-8-1).

The local trap is that Allen County's affidavit carries a court caption, but the affidavit is not a court filing. It is presented to the bank, insurer, transfer agent or other holder of the asset once forty-five days have passed since the death (IC 29-1-8-1).

Recent updates

Update	What it means
Local rules updated July 2026	The Allen Circuit and Superior Courts keep the probate rules that matter inside the local civil rules, including LR02-AR00-20, LR02-AR00-21, LR02-TR86-13 and LR02-TR86-22.
Proposed local civil rule amendments for January 1, 2027	The courts have proposed amendments that include the conventionally filed will rule and the caseload allocation plan. The current rules govern until any amendment takes effect.
Clerk cost schedule effective January 1, 2025	The Clerk's schedule lists $177 for ES and EU estate cases (IC 33-37-4-7, IC 33-37-5), No Charge for EM will-only and safety-deposit-box filings, and $28 for sheriff service (IC 33-37-5-15).
Estates information sheet revised July 2024	Allen Superior Court's local guide explains will filings, opening an estate, bond for a self-represented personal representative and the usual estate administration timeline.

Page last reviewed: August 2026.

Scenarios

Situation	Local path	Where Sunset helps
Surviving spouse with a co-owned home	Jointly owned real estate and joint bank accounts may pass without court administration. If only probate assets remain and the estate fits the small estate route, Allen County's affidavit may be used after forty-five days. If administration is needed, the case is filed as EU or ES in Allen Superior Court 2, and the surviving spouse's $25,000 allowance may matter (IC 29-1-4-1).	Sunset identifies accounts, beneficiary assets and debts so the spouse can tell whether the home and accounts pass outside court or whether an Allen County estate case is needed.
Out-of-state adult child with a small estate	If the estate qualifies for the $100,000 route for a death after June 30, 2022, the Allen County affidavit is presented to the holder and no court case is opened (IC 29-1-8-1). If a case is needed, attorneys e-file and a self-represented filer may use Room 201. A nonresident personal representative files a written acceptance, appoints an Indiana resident agent and may need a bond (IC 29-1-10-1(d)).	Sunset organizes asset values, prepares the packet and helps decide whether the small estate affidavit is enough or whether a local attorney should open EU or ES administration.
Parent settling predeceased child's estate, home must be sold	Indiana's real-property sale timing rule can matter if the personal representative needs to sell land to pay debts or administration costs: the petition must be filed within five months after death and letters must issue within seven months (IC 29-1-7-15.1(b)). In Allen County, supervised estates also bring the sixty-day filed inventory expectation and fee petitions under LR02-AR00-20.	Sunset helps locate the mortgage, taxes, accounts and debts, then connects the family with a vetted local probate attorney when a house sale or supervised estate makes counsel important.

Self-help resources

Resource	What it helps with	Link or contact
Allen Superior Court Probate Division	Local court page for estates, trusts and guardianships, including the Civil Division setting and Courthouse Room 106 for most probate hearings.	https://www.allencounty.in.gov/1106/Probate-Division
Allen County probate forms	Local forms and the Allen Superior Court guide to wills and estate administration.	https://allencountyclerk.in.gov/legal-forms-resources/forms/probate-forms/
Allen County local rules	Caseload allocation, civil rules, fee guidelines and the will-retention rule.	https://www.in.gov/courts/local/allen-county/
Clerk court costs and copy requests	Estate case costs, certified copy charges and copy request instructions.	https://allencountyclerk.in.gov/online-services/make-payments/court-costs/
Allen County Bar Association Legal Line	Free legal advice by phone from local attorneys every Tuesday from 5:00 p.m. to 7:00 p.m.; the same number is used for lawyer referral.	(260) 423-2358, http://www.allencountybar.com
Volunteer Lawyer Program of Northeast Indiana	Free civil legal help for eligible low-income residents. Intake decides whether a probate issue can be handled.	(260) 407-0917 or (877) 407-0917, http://www.vlpnei.org
Indiana Legal Services, Fort Wayne office	Free civil legal aid for eligible low-income Hoosiers. Allen County is served by the Fort Wayne office.	(260) 424-9155, https://www.indianalegalservices.org/locations/
Indiana Legal Help	Statewide estate topic page, small estate affidavit CCA-EM-0722-5000 and probate FAQs.	https://indianalegalhelp.org/legal-topic-category/estate-2/
MyCase	Statewide public case search for Allen County estate cases.	https://public.courts.in.gov/mycase/
Allen Superior Court Administrative Office	General procedure information, local referral contacts and basic case status or hearing-date information when available. It does not give legal advice.	https://www.allencounty.in.gov/1057/Administration

When to hire an attorney

Allen County does not require every personal representative to have a lawyer, but the court is direct about the consequences of going without one: a self-represented personal representative will be ordered to post a surety bond, and court and Clerk staff cannot give legal advice. Counsel makes sense when a house must be sold, the estate is supervised, a fee petition will be needed under LR02-AR00-20, creditors are disputed, a will contest is possible, or the personal representative lives out of state. Sunset connects families to a vetted local probate attorney.

How Sunset helps

Find the accounts and assets. Sunset searches more than 2,300 financial institutions and helps families build the asset list that determines whether Allen County estate settlement can stay outside court, proceed as an unsupervised estate or needs supervised administration.

Generate the probate packet. Sunset organizes the names, addresses, asset details, debts and court forms needed to prepare an Allen County probate packet for the Clerk of the Allen Circuit and Superior Courts.

Find a local probate attorney. When the case involves a house sale, a supervised estate, a disputed claim, an out-of-state personal representative or a surety bond issue, Sunset can connect the family with a vetted local probate attorney.

Sunset is free for families. Families can use Sunset's asset discovery, organization tools and attorney-matching support at no cost.

Frequently asked questions

Where do I file probate in Allen County?

File with the Clerk of the Allen Circuit and Superior Courts at the Allen County Courthouse, 715 South Calhoun Street, Room 201, Fort Wayne, IN 46802. Under LR02-AR1E-1, a supervised or unsupervised estate goes to Allen Superior Court 2, and an estate miscellaneous, guardianship or trust matter goes to Allen Superior Court 3.

Which court hears probate in Allen County?

The Civil Division of the Allen Superior Court hears the estate work that Allen County calls its Probate Division. The Allen Circuit Court also has original and concurrent jurisdiction in civil cases, but Allen County's caseload allocation plan routes estate cases to the Allen Superior Court.

Can I e-file an Allen County estate case myself?

Attorneys e-file through the Indiana E-Filing System. A person without a lawyer may e-file or bring papers to Room 201, where the Clerk scans them and transmits them to the court. Estate case types use Allen County, Odyssey.

What does an Allen County estate case cost?

On the Clerk's schedule effective January 1, 2025, a supervised estate, ES, is $177 and an unsupervised estate, EU, is $177 (IC 33-37-4-7, IC 33-37-5). Estate miscellaneous, EM, for probating a will or opening a safety deposit box is listed as No Charge. Add $28 if the sheriff serves process (IC 33-37-5-15).

Are there Allen County probate forms?

Yes. The Clerk offers local probate forms including petitions, personal representative letters, notices, an inventory, estate claim forms and Allen County's affidavit for transfer of assets without administration. Indiana has no statewide court-approved probate form set.

Do I need a lawyer for probate in Allen County?

No Allen County local rule requires every personal representative to have a lawyer. The court will order a surety bond if a personal representative proceeds without an attorney, and court and Clerk staff cannot give legal advice.

Can I look up an Allen County estate online?

Yes. Use MyCase at mycase.in.gov, select Allen County and search by the decedent's name or the cause number. Estate cases appear as EU, ES or EM.

Can I appear remotely for an Allen County probate hearing?

Remote appearance is at the judge's discretion, and in some cases it is not possible. Request it through your lawyer or by writing to the judge or magistrate through the Clerk with the case number. Indiana Administrative Rule 14 allows non-testimonial hearings to be held remotely at the court's discretion and treats testimony differently.

Where are Allen County probate hearings held?

Most probate hearings are held in Courthouse Room 106 at 715 South Calhoun Street in Fort Wayne. Check MyCase for the date and time set in your own case.

Do I have to travel to Fort Wayne to handle an Allen County estate?

Not always. Attorneys e-file, self-represented filers may e-file, certified copies can be ordered from the Clerk, and remote appearance may be allowed at the judge's discretion. A nonresident personal representative still needs the statewide written acceptance, Indiana resident agent and bond unless the court reduces or waives the bond in an unsupervised estate (IC 29-1-10-1(d)).

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.