Back to Indiana
Clay County, IN Probate Information
Quick facts
| Item | Clay County information |
|---|---|
| Court for estate cases | Clay Circuit Court. Clay County Local Rule LR11-AR01-2(D) assigns estate case types ES, EU and EM to the Clay Circuit Court. |
| Clerk and courthouse | Clay County Clerk, Clay County Courthouse, 609 East National Avenue, Room 209, Brazil, IN 47834. |
| Mailing address | 609 East National Avenue, Room 209, Brazil, IN 47834. |
| Phone | (812) 448-9024, the clerk's office number published in the county locations directory. The county pages do not label a separate probate phone line. |
| Fax | No fax number is published on the Clay County clerk pages used for this page. |
| Hours | Call the clerk before visiting. The county clerk pages used for this page do not post a current office-hours table. Clay County is on Eastern time. |
| Cost to open an estate | $177, current through the 2026 Legislative Session, for a petition that requires the Indiana probate costs and add-on fees under IC 33-37. If sheriff service is requested, the additional statewide sheriff service fee is $28, current through the 2026 Legislative Session, under IC 33-37-5-15. |
| Local forms | No separate Clay County probate packet is published. Clay County's local probate rules set required procedures for notices, pleadings, bond, inventory, real estate, accountings and fee review. |
| E-filing | Attorneys file through the Indiana E-Filing System. Unrepresented litigants are not required to use e-filing but are encouraged to do so under Ind. Trial Rule 87. |
| Case search | MyCase at mycase.in.gov. Search by the decedent's name and look for estate case types EU, ES or EM. |
| Remote appearance | Clay County's local probate rules do not set a probate-specific remote-appearance procedure. Non-testimonial hearings may be remote at the court's discretion, and testimonial hearings are in person unless the court allows remote testimony for good cause or by agreement under Ind. Administrative Rule 14. |
| County court page | Indiana Judicial Branch Clay County page: https://www.in.gov/courts/local/clay-county/ |
Before you begin — know the assets and liabilities
Before you file in Clay County, identify the assets, debts, beneficiaries and likely disputes. The right local path depends on whether the estate needs a personal representative, whether real estate must be sold or distributed, whether a bond will be required, and whether the estate can proceed through unsupervised administration.
Sunset's estate settlement tools help families search across more than 2,300 financial institutions, organize account information and prepare for the Clay County filing conversation. That asset picture matters because Clay County requires a filed inventory in every estate within sixty days after appointment under LR11-PR-4.
Which court handles jurisdiction
Clay County has one courthouse in Brazil serving the whole county. Venue for probating a will and administering an estate is the Indiana county where the decedent was domiciled at death (IC 29-1-7-1). If the decedent was domiciled in Clay County, the estate is filed with the Clay County Clerk and assigned to the Clay Circuit Court under LR11-AR01-2(D).
Clay County is in Judicial District 19 with Putnam, Sullivan and Vigo counties for court-administration purposes. That district grouping does not change probate venue, and it does not move a Clay County estate to another county's clerk or court.
The jurisdiction process
- Decide whether a court estate is needed. Indiana's small estate affidavit applies only when the gross probate estate fits the $100,000 limit for deaths after June 30, 2022 under IC 29-1-8, and that affidavit is given to the property holder rather than filed with the court.
- Prepare the opening papers for the correct Indiana estate case type. Clay County does not publish a separate fill-in probate packet, so the petition, proposed orders, notices and any bond documents must meet Indiana law and Clay County Local Rules LR11-PR-1 through LR11-PR-10.
- File with the Clay County Clerk at the Clay County Courthouse, 609 East National Avenue, Room 209, Brazil. Clay County's caseload rule directs the clerk to assign estate cases to the Clay Circuit Court.
- Pay the court costs that apply to the filing. A petition to open an estate carries $177, current through the 2026 Legislative Session, under IC 33-37. If sheriff service is requested, add $28, current through the 2026 Legislative Session, under IC 33-37-5-15.
- Address bond before letters issue. Clay County Local Rule LR11-PR-3 requires a corporate surety bond before letters issue unless the court applies a waiver, reduction or restricted-account alternative under the local rule.
- Handle notice. Under LR11-PR-1, the attorney, when one is involved, prepares publication and mailed notices and must be able to prove service before bringing the matter to the court. Indiana notice and creditor-claim rules still apply.
- Attend any required hearing or respond to the court's order. Clay County does not publish a probate hearing-day schedule in the local rules. For remote participation, ask the court because Ind. Administrative Rule 14 leaves most non-testimonial remote hearings to the court's discretion.
- Receive letters testamentary or letters of general administration if the court appoints a personal representative. Letters issued by the clerk under the court's seal are evidence of the personal representative's authority (IC 29-1-10-4).
- File the Clay County inventory. Unlike the statewide rule that generally requires preparation within two months, Clay County Local Rule LR11-PR-4 requires the fiduciary to file an inventory in every estate, supervised or unsupervised, within sixty days after appointment.
- Administer, account and close the estate. Follow Clay County rules for real estate sales or distributions, accountings and fee review. In an unsupervised estate settlement, the personal representative closes by filing the statutory closing statement when the estate is ready and the timing requirements are met.
Executor duties
Clay County adds several local duties on top of Indiana's statewide personal-representative duties:
| Local duty | Clay County rule | What it means in practice |
|---|---|---|
| Bond before letters | LR11-PR-3 | The fiduciary generally needs a corporate surety bond before letters issue unless the court applies a waiver, reduction or restricted-account alternative. |
| Filed inventory | LR11-PR-4 | Every estate, supervised or unsupervised, requires a filed inventory within sixty days after appointment. |
| Real estate sale papers | LR11-PR-5 | For supervised-estate real estate sales, the inventory and appraisement must show fair market value, and deeds submitted for court approval must be signed, notarized and submitted with the report of sale. |
| Real estate distribution deed | LR11-PR-5 | In an unsupervised estate that distributes real estate to heirs or devisees, the personal representative records the deed with the Clay County Recorder before delivering it to the grantee. |
| Accountings | LR11-PR-6 | Accountings must be itemized and in the statutory format. Informal or handwritten accountings are not accepted. |
Forms and documents
Probate forms in Clay County
Clay County does not publish a separate probate packet, cover sheet, checklist or fill-in local probate form set. Instead, the county's local probate rules control the content and timing of notices, pleadings, bond, inventory, real estate papers, accountings and fee requests.
Indiana's statewide estate self-help form is the Indiana Legal Help small estate affidavit, CCA-EM-0722-5000. That form is for the $100,000 small-estate route for deaths after June 30, 2022 under IC 29-1-8, and it is presented to the bank or other property holder rather than filed in Clay Circuit Court.
| Form or rule source | Use in Clay County |
|---|---|
| Clay County Local Rules LR11-PR-1 through LR11-PR-10 | Required local procedures for probate notices, pleadings, bond, inventory, real estate, accountings, attorney and fiduciary fee review, unsupervised estates and guardianships. |
| Indiana Legal Help small estate affidavit CCA-EM-0722-5000 | Used outside court for qualifying small estates. It is not filed with the Clay County Clerk. |
| Indiana E-Filing System | Used by attorneys for estate filings. Unrepresented litigants may use it but are not required to do so under Ind. Trial Rule 87. |
Fees
Clay County Local Rule LR11-PR-7 gives the court a local standard for reviewing attorney and fiduciary fees in estates and guardianships. The rule lists factors such as time and labor, novelty and complexity, legal versus ministerial time, responsibilities assumed, results obtained, available assets and timeliness. Clay County does not publish a percentage schedule for estate attorney fees, and the court reserves the right to approve or disapprove any fee contract.
Local nuance
Clay County-specific considerations
| Local consideration | Clay County rule | Why it matters |
|---|---|---|
| Estate assignment | LR11-AR01-2(D) | Estate, guardianship, trust and adoption cases are assigned to the Clay Circuit Court, even though Clay County also has a standard superior court. |
| Unsupervised administration preference | LR11-PR-8 | The local rule says unsupervised administration should be used whenever practical. |
| Inventory filing | LR11-PR-4 | The fiduciary files an inventory in every estate within sixty days after appointment. |
| Bond and restricted accounts | LR11-PR-3 | The court considers bond factors and may use a restricted account with Clay County-specific restriction language. |
| Real estate handling | LR11-PR-5 | The rule sets local requirements for supervised sales and for recording deeds in unsupervised real estate distributions. |
Recent updates
| Date | Clay County update |
|---|---|
| January 1, 2026 | Clay County's caseload allocation rule, LR11-AR01-2, was amended. The rule assigns estate case types ES, EU and EM to the Clay Circuit Court. |
| January 1, 2023 | Clay County's LR11-PR probate rule family was amended. The rules cover notice, pleadings, bond, inventory, real estate, accountings, fees, unsupervised estates and guardianships. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Clay County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by separating probate assets from assets that pass outside the estate. If a court estate is needed, file with the Clay County Clerk in Room 209 and expect assignment to the Clay Circuit Court under LR11-AR01-2(D). A will's bond-waiver language or the spouse's status as sole devisee is a factor under LR11-PR-3, but bond is not automatically eliminated. | Sunset helps organize title, account and beneficiary information so the spouse can see what belongs in the probate estate and what may pass outside court. |
| Out-of-state adult child with small estate | If the estate qualifies for the $100,000 small-estate route for deaths after June 30, 2022 under IC 29-1-8, the Indiana Legal Help affidavit is presented to the property holder and is not filed in Clay County court. If a personal representative is needed, a nonresident may serve by filing a written acceptance, appointing an Indiana resident agent and addressing bond under IC 29-1-10-1(d), with Clay County's LR11-PR-3 bond rules also applying. | Sunset helps locate accounts, estimate whether the small-estate route may fit, and prepare the information a Clay County attorney or clerk will ask for. |
| Parent settling predeceased child's estate, home must be sold | File the estate in Clay County if the decedent was domiciled there. If the estate is supervised and the home is sold, LR11-PR-5 requires an inventory and appraisement showing fair market value, and the deed must be signed, notarized and submitted with the report of sale. Also watch the statewide five-month petition and seven-month letters timing rule for certain debt or administration-cost sales (IC 29-1-7-15.1(b)). | Sunset helps gather mortgage, deed, tax, insurance and account information, then can connect the family with a local probate attorney for the sale and court filings. |
Self-help resources
| Resource | How it helps Clay County families | Link or contact |
|---|---|---|
| Indiana Judicial Branch, Clay County page | Provides the Clay County court page, current local rules, e-filing link and case-search link. | https://www.in.gov/courts/local/clay-county/ |
| Indiana Legal Help, Estate topic | Provides the small estate affidavit CCA-EM-0722-5000 and statewide Probate and Small Estate FAQs. | https://indianalegalhelp.org/legal-topic-category/estate-2/ |
| MyCase | Lets you search Clay County public estate cases by name. Estate case types include EU, ES and EM. | https://mycase.in.gov/ |
| Indiana Legal Services, Bloomington office | Free civil legal aid for eligible low-income Hoosiers in Clay County. Intake decides whether help is available for the issue. | 100 S. College Avenue, Suite 232, Bloomington, IN 47404. Phone: (812) 339-7668. |
| Indiana Free Legal Answers | Online questions answered by volunteer Indiana attorneys for eligible users. | https://indiana.freelegalanswers.org/ |
| Indiana e-filing information | Explains the Indiana E-Filing System, provider options and public access terminals. | https://www.in.gov/courts/efiling/ |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank, investment, insurance and other accounts before the Clay County filing is prepared. That makes the inventory, bond discussion and estate settlement plan more accurate from the start.
Generate the probate packet. Sunset organizes the information needed for the petition, family details, asset list and next-step checklist. In Clay County, that organization matters because the local rules require attention to bond, inventory timing, accountings and real estate papers.
Find a local probate attorney. When the estate needs counsel, Sunset can connect the family with an Indiana probate attorney familiar with Clay County practice and the Clay Circuit Court's local rules.
Sunset is free for families. Families can use Sunset to understand the estate, gather information and decide what help they need without paying Sunset a fee.
Frequently asked questions
Where do I file to probate a will in Clay County?
File with the Clay County Clerk at the Clay County Courthouse, 609 East National Avenue, Room 209, Brazil, IN 47834. Clay County's local caseload rule assigns estate cases to the Clay Circuit Court.
Does Clay County Circuit Court or Clay Superior Court hear estate cases?
Clay County has both a circuit court and a standard superior court, but LR11-AR01-2(D) assigns estate case types ES, EU and EM to the Clay Circuit Court.
Is there a deadline to file the inventory in a Clay County estate?
Yes. Clay County Local Rule LR11-PR-4 requires the fiduciary to file an inventory in every estate, supervised or unsupervised, within sixty days after appointment. That is a Clay County local filing requirement.
Does Clay County require a bond for a personal representative?
Clay County Local Rule LR11-PR-3 requires a corporate surety bond before letters issue unless the court applies a waiver, reduction or restricted-account alternative. The court considers factors such as a will's bond-waiver language, whether the fiduciary is an heir or sole heir or legatee, requests from all heirs, and whether the estate is supervised or unsupervised.
Can I file a Clay County estate case myself, or do I have to use e-filing?
Clay County's local rules do not state that every personal representative needs an attorney. Attorneys file through the Indiana E-Filing System. Under Ind. Trial Rule 87, unrepresented litigants are not required to use e-filing but are encouraged to do so.
What does it cost to open an estate in Clay County?
A petition to open an estate carries $177, current through the 2026 Legislative Session, under IC 33-37. If sheriff service is requested, the additional statewide sheriff service fee is $28, current through the 2026 Legislative Session, under IC 33-37-5-15. Some probate-related filings are exempt from court costs under IC 33-37-4-7(c), including offering a will for probate when no further proceedings are needed.
Does Clay County have its own probate forms?
Clay County does not publish a separate local probate packet or fill-in form set. Its local probate rules still matter because they set procedures for notices, pleadings, bond, inventory, real estate, accountings and fee review.
Can I look up a Clay County estate case online?
Yes. Use MyCase at mycase.in.gov and search by the decedent's name. Clay County estate cases appear under estate case types such as EU, ES and EM.
Do I have to travel to Brazil for a Clay County probate hearing?
Maybe. Clay County's local probate rules do not set a separate remote-appearance procedure. Indiana courts may allow non-testimonial hearings to proceed remotely at the court's discretion, while testimonial hearings are generally in person unless the court allows remote testimony for good cause or by agreement under Ind. Administrative Rule 14. Ask the court how your hearing will be handled.
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.