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Delaware County, IN Probate Information
Quick facts
| Item | Detail |
|---|---|
| Court | Delaware Circuit Court, a single court of general jurisdiction with five numbered divisions (IC 33-33-18-2). Estate cases go to Delaware Circuit Court No. 1 or No. 5 under the county's case allocation rule (LR18-AR00-DLR-0012). |
| Filing counter | Clerk of the Delaware Circuit Court, Delaware County Justice Center, 3100 S. Tillotson Avenue, Muncie, IN 47302. |
| Mailing | No post office box is published. Use the street address. |
| Clerk phone | (765) 747-7726 for filing and records questions. |
| Courts phone | (765) 747-7734 for the Circuit Courts and the Court Administrator's Office. Delaware Circuit Court No. 5 also publishes (765) 747-7772. |
| Fax | (765) 747-7768 for the clerk's office. |
| No estates or clerk office email address is published. Call the clerk's office. | |
| Hours | Monday through Friday, 8:30 a.m. to 4:00 p.m., with the clerk's office closed from noon to 1:00 p.m. daily. |
| Court costs | $177 under the Indiana Trial Court Fee Manual current through the 2026 legislative session to open a supervised or unsupervised estate, including the $120 probate costs fee and statutory add-ons (IC 33-37-4-7, IC 33-37-5). Add $28 where the sheriff serves process (IC 33-37-5-15). |
| Local forms | Yes. The court requires its Instructions to Personal Representative form with the opening filing and a fee Acknowledgement within thirty days of appointment (LR18-AR01-DLR-0008). The clerk also publishes an Estate Claim form for creditors. |
| E-filing | Through the Indiana E-Filing System, mandatory for attorneys and available to unrepresented filers (Ind. Trial Rule 87). E-filing has been mandatory in this court since September 12, 2017. |
| Case search | MyCase at mycase.in.gov. Estate cases appear as EU, ES or EM, and Delaware County estate cause numbers begin 18C01 or 18C05. |
| Remote appearance | Set by the division holding the case. A non-testimonial hearing may be held remotely at the court's discretion, and a hearing with sworn testimony is in person unless there is good cause or the parties agree (Ind. Administrative Rule 14). |
| Website | https://delawarecounty.in.gov/departments/circuit-courts/ and https://www.in.gov/courts/local/delaware-county/ |
Before you begin — know the assets and liabilities
Before anything is filed in Muncie, identify the probate assets, debts, beneficiary designations and jointly owned property. Delaware County's local attorney fee rule measures the gross estate by the fair market value of assets in the decedent's name and included in the probate estate, so the asset list affects both the filing path and the fee discussion (LR18-AR01-DLR-0008).
Sunset's asset discovery searches more than 2,300 financial institutions to help families find accounts, policies and balances before the petition is prepared. That early work supports estate settlement because the inventory clock starts at appointment, not when the family finishes looking for assets (IC 29-1-12-1, IC 29-1-7.5-3.2).
Which court handles jurisdiction
File in Delaware County when the decedent was domiciled in Delaware County at death. Indiana venue for probate of a will and administration of an estate is the county of domicile, or, for a nonresident decedent, a county where Indiana property is located or later comes into the estate (IC 29-1-7-1).
All of Delaware County is served from the Delaware County Justice Center in Muncie. The county's own materials list major communities including Muncie, Yorktown, Albany, Eaton, Gaston and Selma, and residents of those communities use the same clerk's counter.
Delaware County constitutes the forty-sixth judicial circuit (IC 33-33-18-1). The Indiana Judicial Branch places Delaware County in Judicial District 15 with Blackford, Henry, Jay and Randolph Counties, but that district is an administrative grouping and does not change where a Delaware County estate is filed.
The jurisdiction process
- Decide whether a court case is needed. The statewide small estate affidavit route under IC 29-1-8-1 is presented to the bank or other holder and is not filed with the Delaware Circuit Court.
- Gather the opening papers: the petition for probate of will and issuance of letters or the petition for letters of general administration, the original will if there is one, a certified death certificate, names and addresses of heirs or devisees, and the Delaware Circuit Court's executed Instructions to Personal Representative form for the supervised or unsupervised estate (LR18-AR01-DLR-0008).
- File with the Clerk of the Delaware Circuit Court at the Delaware County Justice Center, 3100 S. Tillotson Avenue, Muncie. Attorneys file through the Indiana E-Filing System (Ind. Trial Rule 87). An unrepresented person may e-file or ask the clerk's office how to file at the counter.
- Pay the court costs for an estate opening. The amount is $177 under the Indiana Trial Court Fee Manual current through the 2026 legislative session, including the $120 probate costs fee and statutory add-ons (IC 33-37-4-7, IC 33-37-5). Add $28 where the sheriff serves process (IC 33-37-5-15). Offering a will for probate with nothing further needed carries no court costs fee (IC 33-37-4-7(c)(3)).
- The case is assigned to Delaware Circuit Court No. 1 or Delaware Circuit Court No. 5, the two divisions that receive ES, EU and EM estate cases under the local allocation rule (LR18-AR00-DLR-0012).
- If the court appoints a personal representative, the clerk issues letters testamentary or letters of general administration under the seal of the court. Those letters are conclusive evidence of authority until superseded or revoked (IC 29-1-10-4).
- Publish the notice of administration once each week for two consecutive weeks, file proof of publication with the clerk within thirty days after publication, and serve the required notices on heirs, devisees, legatees and known creditors (IC 29-1-7-7).
- File the Acknowledgement by Personal Representative of Receipt of Local Rule Regarding Fees in Probate Matters within thirty days after the court signs the appointment order (LR18-AR01-DLR-0008).
- Prepare the verified inventory within two months after appointment. Indiana law requires preparation of the inventory; Delaware County's current local rules do not add a separate local inventory filing rule (IC 29-1-12-1, IC 29-1-7.5-3.2).
- Attend any hearing set by the division holding the case. Delaware Circuit Court No. 5 lists estates, guardianships and tax sales on Thursdays at 9:00 a.m. and 1:30 p.m.; Delaware Circuit Court No. 1 does not publish an estate schedule. A non-testimonial hearing may be held remotely at the court's discretion, and a hearing with sworn testimony is in person unless there is good cause or the parties agree (Ind. Administrative Rule 14).
- If estate real estate is conveyed, record the personal representative's deed with the Delaware County Recorder at 100 W. Main Street, Room 209, Muncie.
- Close the estate settlement by filing a verified closing statement no earlier than three months after first published notice in an unsupervised estate, or by final report, final settlement and discharge in a supervised estate (IC 29-1-7.5-4, LR18-AR01-DLR-0008).
Executor duties
Delaware County adds several local tasks to the statewide duties of a personal representative.
| Local duty | What it means |
|---|---|
| Sign the Instructions form | The court's Instructions to Personal Representative form must be filed with the opening paperwork. The court may decline to sign the appointment order without an executed copy (LR18-AR01-DLR-0008). |
| File the fee Acknowledgement | The Acknowledgement by Personal Representative of Receipt of Local Rule Regarding Fees in Probate Matters is due within thirty days after the appointment order is signed (LR18-AR01-DLR-0008). |
| Support a supervised estate fee petition | In a supervised estate, the attorney fee request must include affidavits from both the attorney and the personal representative describing work done, time spent, hourly rate and the total requested (LR18-AR01-DLR-0008). |
| Understand the unsupervised fee benchmark | In an unsupervised estate, the attorney and personal representative negotiate fees. In the absence of contrary evidence, fees should not exceed eighty percent of the court's fee guidelines (LR18-AR01-DLR-0008). |
| Keep estate and non-probate work separate | Fees for helping a beneficiary transfer non-probate assets, such as jointly owned property, life insurance, annuities or retirement benefits payable to a named beneficiary, are charged to that beneficiary and not to the estate unless the will says otherwise (LR18-AR01-DLR-0008). |
| Know the disallowed claim route | A disallowed creditor claim becomes a new case in the same division as the estate, related back to the estate cause, with a small claims or civil plenary number depending on the amount (LR18-AR01-DLR-0008). |
| Record estate deeds downtown | A personal representative's deed is recorded with the Delaware County Recorder at 100 W. Main Street, Room 209, not at the Justice Center (IC 29-1-7.5-4). |
Forms and documents
Probate forms in Delaware County
Indiana does not publish a statewide court-approved probate packet for opening a regular estate. In Delaware County, the local estate paperwork comes from the Delaware Circuit Court's fee rule and from the clerk's legal forms page.
| Form or document | Where it fits |
|---|---|
| Instructions to Personal Representative of Unsupervised Estate | Filed with the petition and opening papers in an unsupervised estate. The court may decline to sign the appointment order if the executed Instructions are not provided (LR18-AR01-DLR-0008). |
| Instructions to Personal Representative of Supervised Estate | Filed with the petition and opening papers in a supervised estate. The same appointment order warning applies (LR18-AR01-DLR-0008). |
| Acknowledgement by Personal Representative of Receipt of Local Rule Regarding Fees in Probate Matters | Filed within thirty days after the court signs the order appointing the personal representative, in every estate (LR18-AR01-DLR-0008). |
| Estate Claim | A clerk-published form for a creditor's claim against an estate. It is not the form for opening an estate. |
| Self-represented information sheet | A clerk-published contact sheet for a self-represented party. Ask the clerk how it is used with an estate filing. |
| Small estate affidavit CCA-EM-0722-5000 | Indiana Legal Help publishes this statewide affidavit for transfer of assets without administration. It is given to the bank or other holder and is not filed with the court (IC 29-1-8-1). |
Fees
Indiana court costs for opening an estate are statewide. Delaware County's local cost layer is copies, certifications, recording charges and the court's attorney fee guideline rule.
| Cost item | Amount | How it works |
|---|---|---|
| Estate opening | $177 under the Indiana Trial Court Fee Manual current through the 2026 legislative session (IC 33-37-4-7, IC 33-37-5) | This is the statewide total for a petition to open a supervised or unsupervised estate, including the $120 probate costs fee and the statutory add-ons. |
| Sheriff service | $28 where the sheriff serves process, current in 2026 (IC 33-37-5-15) | The clerk collects this when sheriff service is requested. The Fee Manual notes a total of $205 where this charge is collected. |
| Will-only filing | No court costs fee (IC 33-37-4-7(c)(3)) | Offering a will for probate with nothing more needed is treated differently from opening an estate with letters. |
| Closing statement under IC 29-1-8-4 | No court costs fee (IC 33-37-4-7(c)(4)) | This applies to the statutory closing statement for an estate described in IC 29-1-8-4. |
| Clerk copies | $1.00 per page, as published August 2026 (IC 33-37-5-1) | The clerk says to call (765) 747-7726 to determine the page count before requesting copies. |
| Clerk certification | $3.00 per document, as published August 2026 (IC 33-37-5-3) | Use this when a bank, title company or other institution needs a certified court document. |
| Recorder deeds and other documents | $25.00, as published August 2026 | Personal representative's deeds and other estate real estate documents are recorded with the Delaware County Recorder. |
| Recorder large-page charge | $5.00 per page, as published August 2026 | The Recorder applies this to any page larger than 8 1/2 by 14 inches within a document. |
| Recorder copies | $1.00 per page for pages 11 by 17 inches or smaller and $5.00 per page for larger pages, as published August 2026 | Use the Recorder's office for recorded deeds, affidavits and other land records. |
| Recorder certification | $5.00 per document, as published August 2026 | This is separate from the clerk's court-record certification charge. |
| Attorney fee guideline | Guideline, not court costs | LR18-AR01-DLR-0008 says the court's maximum fee guidelines are not a minimum fee but a suggested maximum. In an unsupervised estate, fees should not exceed eighty percent of the guidelines unless the evidence supports more. The actual gross-estate brackets are not printed here. |
Timeline
- Before filing, identify the probate assets and debts. The local fee guideline uses the fair market value of assets in the decedent's name and included in the probate estate (LR18-AR01-DLR-0008).
- File the petition and opening papers with the Clerk of the Delaware Circuit Court. The case is assigned to Delaware Circuit Court No. 1 or No. 5 under LR18-AR00-DLR-0012.
- If the court appoints a personal representative, file the Delaware County fee Acknowledgement within thirty days after the appointment order is signed (LR18-AR01-DLR-0008).
- Publish the notice of administration once each week for two consecutive weeks, and file proof of publication with the clerk within thirty days after publication (IC 29-1-7-7).
- Prepare the verified inventory within two months after appointment (IC 29-1-12-1, IC 29-1-7.5-3.2).
- Watch the creditor claims period. Claims are forever barred three months after first published notice or nine months after death, whichever is earlier (IC 29-1-14-1).
- If Delaware Circuit Court No. 5 has the case and an estate hearing is needed, its published schedule lists estate, guardianship and tax sale matters on Thursdays at 9:00 a.m. and 1:30 p.m. Delaware Circuit Court No. 1 does not publish an estate schedule.
- Close an unsupervised estate settlement by filing the verified closing statement no earlier than three months after the first published notice (IC 29-1-7.5-4). A supervised estate closes through final report, final settlement and discharge.
Local nuance
Delaware County-specific considerations
| Local point | Why it matters |
|---|---|
| One court, five divisions | The Delaware Circuit Court is one court of general jurisdiction with five numbered divisions and a required probate docket (IC 33-33-18-2). |
| Two estate divisions | The local allocation rule sends supervised estates, unsupervised estates and miscellaneous estate matters to Delaware Circuit Court No. 1 or Delaware Circuit Court No. 5 (LR18-AR00-DLR-0012). |
| Same clerk's counter | Whichever division receives the case, filing runs through the Clerk of the Delaware Circuit Court at the Justice Center. One elected Clerk of the Circuit Court serves the county's courts (IC 33-32-2-1). |
| Where the local probate rules live | Delaware County's local estate requirements sit in LR18-AR01-DLR-0008, titled Attorney Fees in Probate Matters, together with the case allocation rule. |
| Appointment paperwork | The Instructions to Personal Representative form is filed with the opening papers, and the court may decline to sign the appointment order without it. The fee Acknowledgement follows within thirty days of appointment (LR18-AR01-DLR-0008). |
| Attorney fee guidance | The local rule treats maximum attorney fee guidelines as a suggested ceiling, not a floor, and uses an eighty percent benchmark for unsupervised estates unless the evidence supports more (LR18-AR01-DLR-0008). |
| Disallowed claims | A disallowed creditor claim becomes a new case in the same division as the estate, related to the estate cause, with a small claims or civil plenary number depending on the amount (LR18-AR01-DLR-0008). |
| Two buildings for real estate | Estate cases are filed at the Justice Center on Tillotson Avenue. Deeds and real estate affidavits are recorded with the Delaware County Recorder at 100 W. Main Street, Room 209. |
| Published hearing block | Delaware Circuit Court No. 5 lists estates, guardianships and tax sales on Thursdays at 9:00 a.m. and 1:30 p.m. Delaware Circuit Court No. 1 does not publish an estate schedule. |
| Midday closure | The clerk's office is open Monday through Friday from 8:30 a.m. to 4:00 p.m. and closes from noon to 1:00 p.m. daily. |
Recent updates
| Update | What changed |
|---|---|
| Local court rules | The Delaware Circuit Court's local court rules currently in effect are dated January 10, 2025. The probate rule, LR18-AR01-DLR-0008, was last amended effective January 1, 2024, and the case allocation rule that sends estate cases to Divisions No. 1 and No. 5 was last amended effective January 10, 2025. |
| Clerk forms | The clerk's legal forms and documents set, including the Estate Claim form for a creditor's claim against an estate, is published with a date of April 8, 2026. |
| E-filing | E-filing in the Delaware Circuit Court became voluntary on July 14, 2017 and mandatory for initial and later filings in available case types on September 12, 2017. Under Ind. Trial Rule 87, effective August 1, 2026, attorneys file electronically and unrepresented filers are encouraged but not required to use the IEFS. |
| Case records | All five divisions of the Delaware Circuit Court have used the state's Odyssey case management system since April 4, 2016, so estate cases filed since then appear on MyCase. Archived cases from the former Delaware Superior Courts remain searchable there as well. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | File in the Delaware Circuit Court if an estate is needed, with assignment to Division No. 1 or No. 5. If the will authorizes unsupervised administration, or all required heirs or beneficiaries consent and the estate is solvent, the personal representative can ask for unsupervised administration (IC 29-1-7.5-2). The court's Instructions to Personal Representative form goes in with the petition, and the fee Acknowledgement is due within thirty days of appointment (LR18-AR01-DLR-0008). | Sunset helps identify which accounts, policies and assets are actually in the probate estate before the petition is drafted. |
| Out-of-state adult child with a small estate | Start by deciding whether an estate is needed. The statewide affidavit route under IC 29-1-8-1 is presented to the bank or other holder and is not filed at the Justice Center. If administration is needed, a nonresident may serve as personal representative by filing a written acceptance, appointing an Indiana resident agent and addressing the bond rule, with possible bond adjustment in an unsupervised estate (IC 29-1-10-1(d), IC 29-1-7.5-2.5(c)). | Sunset helps find accounts and balances from out of state so the family can choose between the affidavit route and a court administration based on actual assets. |
| Parent settling a predeceased child's estate, home must be sold | File early in the Delaware Circuit Court. Indiana's real property sale rule requires the petition within five months after death and letters within seven months if the personal representative will sell Indiana real property to pay certain debts or administration costs (IC 29-1-7-15.1(b)). If the house is conveyed, record the personal representative's deed with the Delaware County Recorder at 100 W. Main Street, Room 209. | Sunset assembles the asset and debt picture and prepares the probate packet quickly so the estate settlement is not delayed by missing account information. |
Self-help resources
| Resource | How it helps |
|---|---|
| Delaware County page, Indiana Judicial Branch https://www.in.gov/courts/local/delaware-county/ | Links to the county's current local court rules, court contact information, case search, e-filing and court statistics. |
| Delaware County Circuit Courts https://delawarecounty.in.gov/departments/circuit-courts/ | Explains the five divisions, gives the courts' main phone number, and links to the county's self-help legal center, MyCase and legal help resources. |
| Delaware County Clerk https://delawarecounty.in.gov/departments/county-clerk/ | Gives the filing counter, hours, phone number and links for records copies and legal forms. |
| Clerk's legal forms and documents https://delawarecounty.in.gov/clerks-legal-forms-and-documents/ | Includes the Estate Claim form for creditors, guardianship of a minor packets, subpoena forms, a self-represented information sheet and other clerk forms. |
| Self-Help Legal Center, Delaware County Justice Center https://delawarecounty.in.gov/self-help-legal-center/ | A forms and links resource in the Justice Center lobby at 3100 S. Tillotson Avenue. The local rules describe it as a place for self-help forms, but no estate advice role is published. |
| Legal Aid of East Central Indiana https://myjustice.org/ | Free pro bono civil legal services through volunteer local attorneys for Delaware County and several nearby counties. The office is at 134 South 5th Street, Richmond, IN 47374, and the phone number is (765) 593-1760. |
| Indiana Legal Services, Indianapolis office https://www.indianalegalservices.org/locations/ | Indiana's statewide civil legal aid provider. The Indianapolis office serves Delaware County at 1200 Madison Avenue, Suite 300, Indianapolis, IN 46225, (317) 631-9410. |
| Indiana Legal Help, estate topic https://indianalegalhelp.org/legal-topic-category/estate-2/ | Coalition for Court Access estate materials, including the small estate affidavit CCA-EM-0722-5000, a Probate FAQ and a Small Estate FAQ. The affidavit is not filed with the court. |
| MyCase https://public.courts.in.gov/mycase/ | Indiana's statewide public case search. Delaware County estate cases appear as EU, ES or EM. |
| Indiana e-filing https://www.in.gov/courts/efiling/ | Information on the Indiana E-Filing System, certified providers and user guides. |
When to hire an attorney
A lawyer is especially useful in Delaware County when the estate is insolvent or contested, when real estate must be sold within Indiana's five month and seven month timing rule, when a creditor's claim is disallowed and becomes a separate case, or when a supervised estate needs court approval of attorney fees. The local rule also assumes an attorney will file the Instructions to Personal Representative and the fee Acknowledgement, and the court may hold up the appointment order without the executed Instructions (LR18-AR01-DLR-0008). Sunset connects families with a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches for bank accounts, investment accounts, insurance policies and other assets so the family can understand what belongs in the probate estate before filing in Delaware County.
Generate the probate packet. Sunset helps organize the information needed for the petition, notices, inventory and closing documents, then aligns the packet with the local Delaware Circuit Court requirements for the personal representative.
Find a local probate attorney. When the estate needs counsel, Sunset connects the family with a vetted Indiana probate attorney who can file in the Delaware Circuit Court and handle local requirements such as the Instructions form, fee Acknowledgement and any supervised estate fee petition.
Sunset is free for families. Sunset is paid by its partners, not by grieving families. Families can use Sunset for estate settlement guidance, asset discovery and attorney matching without paying Sunset a fee.
Frequently asked questions
Which court handles probate in Delaware County, Indiana?
The Delaware Circuit Court handles estate cases. It is one court with five numbered divisions, and the local allocation rule sends ES, EU and EM estate cases to Delaware Circuit Court No. 1 or Delaware Circuit Court No. 5 (IC 33-33-18-2, LR18-AR00-DLR-0012).
Where do I file a will and open an estate in Delaware County?
File with the Clerk of the Delaware Circuit Court at the Delaware County Justice Center, 3100 S. Tillotson Avenue, Muncie, IN 47302. The clerk's office is open Monday through Friday from 8:30 a.m. to 4:00 p.m. and closes from noon to 1:00 p.m. daily.
How much does it cost to open an estate in Delaware County?
The cost to open a supervised or unsupervised estate is $177 under the Indiana Trial Court Fee Manual current through the 2026 legislative session, including the $120 probate costs fee and statutory add-ons (IC 33-37-4-7, IC 33-37-5). Add $28 where the sheriff serves process (IC 33-37-5-15). Offering a will for probate with nothing more needed carries no court costs fee (IC 33-37-4-7(c)(3)).
Do I have to e-file, or can I file at the clerk's counter in Muncie?
Attorneys file through the Indiana E-Filing System. Unrepresented litigants are encouraged but not required to use the IEFS (Ind. Trial Rule 87). If you are filing without a lawyer, call the clerk at (765) 747-7726 to ask how to file at the counter and whether you need anything beyond the petition, will, death certificate, local Instructions form and fee Acknowledgement.
Are there local probate forms in Delaware County?
Yes. Delaware County requires the applicable Instructions to Personal Representative form with the opening paperwork and requires a fee Acknowledgement within thirty days after the appointment order (LR18-AR01-DLR-0008). The clerk also publishes an Estate Claim form for creditors. The clerk does not publish a petition packet for opening a regular estate.
When does the Delaware Circuit Court hear estate matters?
Delaware Circuit Court No. 5 lists estate, guardianship and tax sale matters on Thursdays at 9:00 a.m. and 1:30 p.m. Delaware Circuit Court No. 1 does not publish an estate schedule, so ask the division holding the case when the hearing is set.
Can I attend a Delaware County estate hearing remotely?
Ask the division holding the case. Under Indiana's statewide rule, a non-testimonial hearing may be held remotely at the court's discretion, and a hearing with sworn testimony is in person unless there is good cause or the parties agree (Ind. Administrative Rule 14).
How do I look up a Delaware County estate case online?
Search the decedent's name on MyCase at mycase.in.gov. Estate cases appear as EU, ES or EM, and Delaware County estate cause numbers begin 18C01 or 18C05. MyCase information is not an official court record, so use the clerk for certified copies.
What happens to the original will if I e-file a copy?
Under Ind. Trial Rule 87(E), a filer who e-files a will files an accurate and complete copy plus an affidavit. Unless the will has been deposited with the clerk, the filer keeps the original until the estate is closed and the personal representative is released from liability, or until the will contest period has run, whichever is later, and files the original if the court orders it.
How does a creditor file a claim against a Delaware County estate?
A creditor files a succinct claim statement in the clerk's office for the court where the estate is being administered (IC 29-1-14-2). Delaware County's clerk publishes an Estate Claim form. If a claim is disallowed and set for trial, the claimant opens a new related case in the same division as the estate (LR18-AR01-DLR-0008).
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.