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Daviess County, IN Probate Information
Quick facts
| Item | Daviess County information |
|---|---|
| Court for estate cases | Daviess Circuit Court. Local Rule LR14-AR00-3.1 assigns probate and guardianship cases filed in Daviess County to the Daviess Circuit Court on a non-discretionary basis. |
| Clerk | Clerk of the Daviess Circuit and Superior Courts |
| Courthouse address | Daviess County Courthouse, 200 E. Walnut Street, Washington, IN 47501 |
| Mailing address | Ask the clerk before mailing an estate filing, because the courthouse address is the locally published address for the Clerk's Office. |
| Phone | (812) 254-8664 |
| Hours | Monday through Friday, 8 am to 4 pm, Eastern time. Call before going near a holiday or if you need same-day processing. |
| Court cost to open an estate | $177 under IC 33-37, current through the 2026 Legislative Session. If sheriff service is requested, the statewide service cost is $28 under IC 33-37-5-15, current through the 2026 Legislative Session. |
| Local probate forms | Daviess County does not publish a local estate or probate packet on the Clerk's Office page. The county points self-represented users to Indiana Legal Help generally. |
| E-filing | Indiana uses the Indiana E-Filing System. Attorneys must e-file unless exempted. Unrepresented litigants are encouraged, but not required, to e-file under Ind. Trial Rule 87. |
| Case search | Search public estate cases on MyCase at mycase.in.gov. Estate case types include EU, ES and EM. |
| Remote appearance | Ask the clerk whether your Daviess Circuit Court probate hearing can be remote. Indiana allows remote non-testimonial proceedings at the court's discretion, while testimonial proceedings are generally in person unless good cause or party agreement supports remote participation under Ind. Administrative Rule 14. |
| Website | Daviess County Clerk's Office and the Indiana Judicial Branch Daviess County local court page |
Before you begin — know the assets and liabilities
Before you file anything in Daviess County, make a working list of the decedent's probate assets, non-probate assets, debts, liens, funeral expenses, likely heirs or beneficiaries and whether there is an original will. Indiana venue usually follows the county where the decedent was domiciled at death, so the first estate settlement question is whether Daviess County is the right county under IC 29-1-7-1.
Sunset's asset discovery checks more than 2,300 financial institutions to help families find accounts, insurance, investments and other assets before choosing a probate path. That matters in Indiana because some estates can avoid full administration, while others need letters testamentary or letters of general administration from the court.
Which court handles jurisdiction
Daviess County probate filings are filed through the Clerk of the Daviess Circuit and Superior Courts at the Daviess County Courthouse in Washington. Under Daviess County Local Rule LR14-AR00-3.1, probate and guardianship cases filed in Daviess County are assigned to the Daviess Circuit Court.
Daviess County is in Judicial District 25 with Daviess, Dubois, Knox, Martin, Perry, Pike and Spencer counties. The district grouping does not change venue. For a decedent who was domiciled in Indiana, probate venue is the county where the decedent had domicile at death (IC 29-1-7-1).
The jurisdiction process
- Decide whether Daviess County is the right venue. Use the decedent's domicile at death for an Indiana resident, or the Indiana county where property is located for a nonresident decedent, under IC 29-1-7-1.
- Identify the probate path before preparing papers. If the estate needs a personal representative, prepare the petition for probate of will and issuance of letters testamentary, or the petition for letters of general administration, as the situation requires.
- Check Daviess County's local form posture. The Clerk's Office does not publish a local estate packet, so use Indiana law, any attorney-prepared forms and any instructions the Daviess clerk gives for the filing.
- File with the Clerk of the Daviess Circuit and Superior Courts at the Daviess County Courthouse in Washington, or use the Indiana E-Filing System if you are filing electronically. Attorneys must e-file unless exempted, and unrepresented litigants may use paper filing or e-filing under Ind. Trial Rule 87.
- Pay the court cost for an estate case. Daviess County lists estates and guardianships at $177, current through the 2026 Legislative Session and authorized by IC 33-37. Sheriff service, if requested, adds $28 under IC 33-37-5-15, current through the 2026 Legislative Session.
- If a will is filed through the Indiana E-Filing System, follow Ind. Trial Rule 87(E). The filer submits a copy of the will and an affidavit about possession or deposit of the original will, and the original must be kept until the estate is closed and the personal representative is released from liability, or the time to contest the will has expired, whichever is later, unless the court orders otherwise.
- After letters are issued, publish notice of administration once each week for two consecutive weeks and file proof of publication with the clerk within 30 days after publication, as required by IC 29-1-7-7. Known or reasonably ascertainable creditors must receive notice as the statute requires.
- Ask the clerk how the Daviess Circuit Court schedules any required hearing and whether a remote appearance may be requested. Indiana's statewide remote-proceeding rule is Ind. Administrative Rule 14.
- Once appointed, the personal representative gathers assets, prepares the required inventory, pays allowed claims and expenses, handles any required sale or transfer of property, distributes the estate and completes the closing statement or final settlement process that fits the administration.
Forms and documents
Probate forms in Daviess County
Daviess County does not publish a local probate or estate form packet on the Clerk's Office page. The local Clerk's Office page lists self-service topics such as fees, genealogy, marriage licenses, protective orders and small claims, and it links users to Indiana Legal Help generally.
Indiana also does not have a statewide court-approved probate form set. The one statewide estate form commonly used by self-represented families is Indiana Legal Help's small estate affidavit, CCA-EM-0722-5000. That affidavit is used for transfers without administration under IC 29-1-8 and, for deaths after June 30, 2022, applies only when the statutory $100,000 test is met. It is presented to the bank or holder of property, not filed as a Daviess County court case.
Local nuance
Daviess County-specific considerations
| Local point | What it means in Daviess County |
|---|---|
| Probate assignment | Local Rule LR14-AR00-3.1 assigns probate and guardianship matters to the Daviess Circuit Court on a non-discretionary basis. |
| Superior Court role | The same local rule assigns criminal, infraction and ordinance-violation matters to the Daviess Superior Court. It does not send probate filings there in the ordinary assignment rule. |
| Local probate rules | Daviess County's current local rules do not include a separate PR00 probate rule family with local inventory, bond, counsel or attorney-fee guidelines. |
| County seat name caution | The Daviess County courthouse is in Washington, Indiana. That is the city of Washington in Daviess County, not Washington County. |
Recent updates
| Date | Local update |
|---|---|
| January 1, 2025 | Daviess County's current local rules took effect. LR14-AR00-3.1 assigns probate and guardianship cases to the Daviess Circuit Court on a non-discretionary basis. |
Scenarios
| Scenario | Daviess County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by separating jointly owned or beneficiary-designated assets from assets that are in the decedent's name alone. If a court estate is needed, file through the Daviess clerk and expect assignment to the Daviess Circuit Court under LR14-AR00-3.1. | Sunset helps identify accounts, debts and title issues so the spouse can see whether court administration is needed for estate settlement. |
| Out-of-state adult child with a small estate | Check whether the estate can use the Indiana small estate affidavit under IC 29-1-8. For deaths after June 30, 2022, the statutory $100,000 test applies. If full administration is needed instead, a nonresident personal representative may need a written acceptance, resident agent and bond unless the court waives bond in an unsupervised estate under the Indiana rules described on the state page. | Sunset helps locate assets before the child decides whether to use a holder-facing affidavit or open a Daviess Circuit Court estate. |
| Parent settling a predeceased child's estate, home must be sold | If the home is part of the probate estate, speak with a probate attorney early. Indiana has time-sensitive rules for selling real property to pay certain debts or administration costs, and Daviess County's local assignment rule sends the case to the Daviess Circuit Court. | Sunset helps organize asset information, generate a probate packet and connect the parent with a local probate attorney for the sale and estate settlement. |
Self-help resources
| Resource | How it helps | Link or contact |
|---|---|---|
| Indiana Judicial Branch, Daviess County local page | Shows the Daviess County judicial district, current local rules, court contact links, e-filing link, case search link and court statistics. | https://www.in.gov/courts/local/daviess-county/ |
| Daviess County Clerk's Office | Publishes the local clerk page, hours, phone number, fee page and general self-service topics. | 200 E. Walnut Street, Washington, IN 47501. Phone: (812) 254-8664. |
| Indiana Legal Help, Estate | Provides Indiana estate self-help information, including the small estate affidavit CCA-EM-0722-5000 and estate FAQs. | https://indianalegalhelp.org/legal-topic-category/estate-2/ |
| Indiana Judicial Branch Self-Service Legal Center | Provides general self-representation guidance and points users to legal-help resources. It does not publish a probate form set. | https://www.in.gov/courts/selfservice/ |
| MyCase | Lets you search public Indiana case information, including estate cases with EU, ES and EM case types. | https://public.courts.in.gov/mycase/ |
| Indiana e-filing | Explains the Indiana E-Filing System, provider choices and e-filing rules. | https://www.in.gov/courts/efiling/ |
| Indiana Free Legal Answers | Offers free confidential answers from volunteer Indiana attorneys for eligible users. | https://indiana.freelegalanswers.org/ |
| Indiana Legal Services, Evansville office | Provides free civil legal aid intake for eligible low-income Hoosiers and serves Daviess County. | 915 Main Street, Suite 201, Evansville, IN 47708. Phone: (812) 426-1295. |
When to hire an attorney
A probate attorney is especially useful in Daviess County when the estate includes real property, contested heirs, creditor issues, a nonresident personal representative, missing beneficiaries, a business interest or a request for supervised administration. Counsel can also prepare filings when there is no local Daviess County probate packet to follow. Sunset connects families with a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help identify accounts, insurance, investments and other property that may affect the probate path. A clearer asset picture makes Daviess County estate settlement decisions easier.
Generate the probate packet. Sunset helps turn family information, asset details and debt information into an organized probate packet for the Daviess clerk or for attorney review.
Find a local probate attorney. If the estate needs legal help, Sunset can connect the family with a vetted probate attorney familiar with Indiana estate administration and local court practice.
Sunset is free for families. Families can use Sunset to organize estate settlement, find assets and understand next steps without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Daviess County?
File through the Clerk of the Daviess Circuit and Superior Courts at the Daviess County Courthouse in Washington. Daviess County Local Rule LR14-AR00-3.1 assigns probate and guardianship cases to the Daviess Circuit Court.
Does Daviess County have a separate probate court?
No separate local probate court is used for Daviess County estate cases. The local assignment rule sends probate matters to the Daviess Circuit Court.
Can I e-file a Daviess County probate case?
Yes. Indiana probate case types are eligible in the Indiana E-Filing System. Attorneys must e-file unless exempted, while unrepresented litigants are encouraged, but not required, to e-file under Ind. Trial Rule 87.
What happens to the original will if I e-file in Daviess County?
Ind. Trial Rule 87(E) requires the filer to e-file a copy of the will and an affidavit about the original. Unless the will has been deposited with the clerk or the court orders otherwise, the filer keeps the original until the estate is closed and the personal representative is released from liability, or the time to contest the will has expired, whichever is later.
How much does it cost to open an estate in Daviess County?
Daviess County lists estates and guardianships at $177, current through the 2026 Legislative Session and authorized by IC 33-37. If sheriff service is requested, the statewide service cost is $28 under IC 33-37-5-15, current through the 2026 Legislative Session.
Does Daviess County publish local probate forms?
Daviess County does not publish a local estate or probate packet on the Clerk's Office page. Indiana Legal Help publishes the statewide small estate affidavit CCA-EM-0722-5000 for transfers without administration under IC 29-1-8, including the $100,000 test for deaths after June 30, 2022.
Can I look up a Daviess County estate online?
Yes. Search the decedent's name on MyCase at mycase.in.gov. Public Indiana estate cases appear with case types such as EU, ES and EM.
Do I have to travel to Washington, Indiana for a Daviess County probate hearing?
Maybe. Indiana allows remote non-testimonial proceedings at the court's discretion, and testimonial proceedings are generally in person unless good cause or party agreement supports remote participation under Ind. Administrative Rule 14. Call the Daviess clerk at (812) 254-8664 to ask how the Daviess Circuit Court will handle your hearing.
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.