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Fayette County, IN Probate Information
Quick facts
| Item | Fayette County details |
|---|---|
| Court | Estate cases may be filed in either the Fayette Circuit Court or the Fayette Superior Court under LR21-AR1(E)-4. |
| Courthouse address | Fayette County Courthouse, 2nd Floor North End, 401 North Central Avenue, Connersville, IN 47331 |
| Mailing | No separate mailing address is published. Use the courthouse street address. |
| Clerk phone | (765) 825-1813 |
| Fax | (765) 827-4902 |
| [email protected] | |
| Hours | Weekdays 8:00 a.m. to 4:00 p.m.; Wednesday 8:00 a.m. to 5:00 p.m.; Thursday 8:00 a.m. to 12:30 p.m.; closed daily for lunch from 12:00 p.m. to 1:00 p.m. |
| Cost to open an estate | $177 for a petition that opens an estate, current through the 2026 Legislative Session, from the $120 probate costs amount and statutory add-ons under IC 33-37-4-7 and IC 33-37-5. Some probate filings are exempt from court costs under IC 33-37-4-7(c). |
| Local forms | Yes. Fayette County local rules incorporate a Computation of Fees form for decedent estates and a Computation of Guardian and Trustee Fee form. |
| 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. |
| Case search | MyCase at mycase.in.gov. Estate cases appear as EU, ES or EM. |
| Remote appearance | Ask the assigned court. Indiana courts may allow non-testimonial remote hearings at the court's discretion, and testimonial remote hearings only for good cause or by agreement under Ind. Administrative Rule 14. |
| Website | Indiana Judicial Branch Fayette County page and Fayette County Clerk page |
Before you begin — know the assets and liabilities
Before you choose a Fayette County probate path, make a working list of assets, debts, beneficiary designations, jointly owned property and real estate. This matters because Indiana venue, the need for letters testamentary or letters of general administration, and whether a smaller procedure is available all depend on what is actually in the probate estate.
Sunset's 2,300-institution asset discovery helps families locate accounts and balances before filing, so the first courthouse visit is tied to a clearer estate settlement plan rather than guesswork.
Which court handles jurisdiction
Fayette County probate venue is proper when the decedent was domiciled in Fayette County at death, or when an out-of-state decedent left Indiana property that belongs in Fayette County under Indiana's venue rule (IC 29-1-7-1).
One courthouse serves Fayette County: the Fayette County Courthouse at 401 North Central Avenue in Connersville. Fayette County has both the Fayette Circuit Court and the Fayette Superior Court, and estate case types may be filed in either court under LR21-AR1(E)-4. The Clerk of the Circuit Court serves both courts (IC 33-32-2-1).
Fayette County includes Connersville, the county seat, and communities including Alpine, Bentonville, Bath and Orange.
The jurisdiction process
- Identify the probate assets, debts, will status and family information before preparing the petition. If the person died domiciled in Fayette County, venue is in Fayette County under IC 29-1-7-1.
- Prepare the Indiana probate petition and any needed Fayette County local materials. Fayette County local rules incorporate a Computation of Fees form for estate attorney and personal representative compensation under LR21-PR00-10.
- File with the Fayette County Clerk at the courthouse in Connersville. Under LR21-AR1(E)-4, an estate case may be filed in either the Fayette Circuit Court or the Fayette Superior Court.
- Pay the court costs that apply to the filing. A petition that opens an estate carries $177, current through the 2026 Legislative Session, from the $120 probate costs amount and statutory add-ons under IC 33-37-4-7 and IC 33-37-5. IC 33-37-4-7(c) exempts some probate filings from court costs.
- Handle notice. Indiana requires notice of administration after letters issue, and Fayette County local rules put notice preparation on the personal representative, including copies, stamped envelopes for mailed notices, and publication costs before publication under LR21-PR00-3 and LR21-PR00-4.
- Use the hearing date and assignment given by the court. Fayette County has not published a probate hearing-day schedule in the materials listed for this page. If a remote appearance is needed, ask the assigned court because Ind. Administrative Rule 14 leaves remote probate hearings to the court's discretion.
- After the court approves the appointment, the clerk issues the authority document, either letters testamentary or letters of general administration, to the personal representative (IC 29-1-10-1, IC 29-1-10-4).
- Administer the estate. In Fayette County, inventories and accounts that are filed with the clerk must be filed in duplicate under LR21-PR00-6 and LR21-PR00-7, and disputed claims that are not approved within five months after first notice to creditors are transferred under LR21-PR00-12.
- Close the estate. For an unsupervised administration, Indiana uses a closing statement no earlier than three months after first published notice under IC 29-1-7.5-4. Fayette County's duplicate-account and voucher rules can affect final estate settlement paperwork when accounts are filed under LR21-PR00-6 and LR21-PR00-9.
Forms and documents
Probate forms in Fayette County
Fayette County does not publish a general estate petition packet in the materials listed for this page. Its local probate rules do incorporate two local fee-computation forms: the Computation of Fees form for decedent estates under LR21-PR00-10, and the Computation of Guardian and Trustee Fee form under LR21-PR00-14.
Indiana Legal Help also publishes the statewide small estate affidavit, CCA-EM-0722-5000. That affidavit is for the IC 29-1-8 small-estate process, including the $100,000 gross probate estate limit for deaths after June 30, 2022, and it is given to the bank or other holder of property rather than filed with the court (IC 29-1-8-1, IC 29-1-8-2).
Fees
Fayette County follows Indiana's statewide court-cost structure for opening an estate. A petition that opens an estate carries $177, current through the 2026 Legislative Session, from the $120 probate costs amount and statutory add-ons under IC 33-37-4-7 and IC 33-37-5. IC 33-37-4-7(c) also lists probate filings for which the clerk may not collect court costs, including offering a will for probate when no other proceeding becomes necessary.
Fayette County also has a local compensation guideline for personal representative and attorney fees. This is not a court cost to file the case. It is the Fayette Circuit and Superior Courts' local rule for the fees the court treats as reasonable for ordinary estate work, current in the local rules reviewed August 2026 (LR21-PR00-10).
| Estate value tier | Attorney fee guideline | Personal representative fee guideline |
|---|---|---|
| First $2,000, current local rule reviewed August 2026 | $200, current local rule reviewed August 2026 | $200, current local rule reviewed August 2026 |
| Next $5,000, current local rule reviewed August 2026 | 10 percent | 5 percent |
| Next $45,000, current local rule reviewed August 2026 | 5 percent | 2.5 percent |
| Next $50,000, current local rule reviewed August 2026 | 4 percent | 2 percent |
| Next $300,000, current local rule reviewed August 2026 | 3 percent | 1.5 percent |
| Over $400,000, current local rule reviewed August 2026 | 2 percent | 1 percent |
LR21-PR00-10 says the scheduled fees cover usual and ordinary services, with a petition route for extraordinary work. If the same attorney also serves as personal representative without separate counsel, the rule allows all of the attorney fee and one-half of the personal representative fee.
Local nuance
Fayette County-specific considerations
| Local rule | What it means in Fayette County |
|---|---|
| Either court may receive the estate filing | LR21-AR1(E)-4 allows estate case types to be filed in either the Fayette Circuit Court or the Fayette Superior Court. The filing counter is the same clerk's office at the courthouse. |
| Judges sit reciprocally | LR21-TR00-2 provides that the Fayette Circuit Court judge sits as judge of the Fayette Superior Court and the Fayette Superior Court judge sits as judge of the Fayette Circuit Court. |
| Inventories in duplicate | LR21-PR00-7 requires inventories filed by a personal representative, guardian, commissioner or trustee to be filed with the clerk in duplicate. |
| Accounts in duplicate | LR21-PR00-6 requires partial and final accounts filed by personal representatives, guardians and trustees to be filed in duplicate. LR21-PR00-9 requires credit items to be numbered and matched to vouchers. |
| Notice preparation | LR21-PR00-4 makes the personal representative responsible for preparing enough notices for publication and mailing, and for supplying addressed, stamped envelopes when notice is mailed. |
| Disputed claims | LR21-PR00-12 transfers a claim that is not approved within five months after first notice to creditors to the civil docket. If the claimant is unrepresented, a status conference is held within 30 days after transfer, and trial is set within 60 days after transfer or the conference. |
Recent updates
Scenarios
| Scenario | Likely Fayette County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | First separate the non-probate home interest from assets that actually need estate administration. If court authority is needed, the estate can be filed with the Fayette County Clerk and assigned to either Fayette court under LR21-AR1(E)-4. | Sunset helps identify jointly owned assets, accounts with beneficiaries and probate assets so the spouse does not open a broader estate settlement than necessary. |
| Out-of-state adult child with a small estate | Check whether the IC 29-1-8 small estate affidavit is enough. If a court case is needed, Indiana allows a nonresident personal representative to serve if the statutory resident-agent, acceptance and bond requirements are handled (IC 29-1-10-1). | Sunset helps gather account information, generate the probate packet and connect the child with a Fayette County probate attorney when local filing or resident-agent issues need counsel. |
| Parent settling a predeceased child's estate, home must be sold | If the house is a probate asset, the parent should get legal advice early because Indiana has timing rules for sale of real property to pay debts or administration costs (IC 29-1-7-15.1). Fayette County also has a local rule for real-estate sale petitions, LR21-PR00-5. | Sunset helps organize assets, debts, title information and attorney introductions so the real-estate part of the estate settlement starts with a complete picture. |
Self-help resources
| Resource | How it helps | Link or contact |
|---|---|---|
| Indiana Judicial Branch, Fayette County | Judicial District 18 information, Fayette County local rules, case search and e-filing links, and court statistics. | https://www.in.gov/courts/local/fayette-county/ |
| Fayette County Clerk | Local filing office for estate papers, with courthouse address, phone, fax, office email and posted hours. | https://co.fayette.in.us/government/county-clerk/ |
| Indiana Legal Help, Estate | Statewide estate self-help information, the small estate affidavit CCA-EM-0722-5000, and probate FAQs. | https://indianalegalhelp.org/legal-topic-category/estate-2/ |
| MyCase | Statewide public case search. Search by the decedent's name for Fayette County estate cases marked EU, ES or EM. | https://public.courts.in.gov/mycase/ |
| Indiana Free Legal Answers | Free, confidential answers to civil legal questions from volunteer Indiana attorneys. | https://indiana.freelegalanswers.org/ |
| Indiana Legal Services, Indianapolis office | Free civil legal aid for eligible low-income Hoosiers. The Indianapolis office serves Fayette County. | 1200 Madison Avenue, Suite 300, Indianapolis, IN 46225; (317) 631-9410; https://www.indianalegalservices.org/locations/ |
When to hire an attorney
Consider a Fayette County probate attorney if the estate includes real estate, a disputed claim, an insolvent estate, heirs who do not agree, an out-of-state personal representative, or a request for supervised administration. Fayette County's local probate rules are detailed, including duplicate filings, vouchers, notice handling, real-estate sale petitions and fee-computation requirements, so local counsel can prevent avoidable returns or hearings. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families search across 2,300 institutions for accounts, balances and asset clues, then separates probate assets from beneficiary-designated or jointly owned property.
Generate the probate packet. Sunset turns the family's information into an organized probate packet for the Indiana process, including the details a Fayette County attorney or the clerk's office will expect to see.
Find a local probate attorney. When the estate needs court filings, real-estate authority, creditor strategy or help with Fayette County local rules, Sunset can connect the family with a local probate attorney.
Sunset is free for families. Sunset does not charge families to start organizing the estate, find assets, prepare for filing and understand the next estate settlement step.
Frequently asked questions
Where do I file probate in Fayette County?
File estate papers with the Fayette County Clerk at the Fayette County Courthouse, 2nd Floor North End, 401 North Central Avenue, Connersville. Under LR21-AR1(E)-4, an estate case may be filed in either the Fayette Circuit Court or the Fayette Superior Court.
Does Fayette County use a separate probate court?
No separate Fayette County probate court is identified in the local materials for this page. Fayette County has a Circuit Court and a Superior Court, and estate cases may be filed in either court under LR21-AR1(E)-4.
Can I e-file a Fayette County estate case?
Yes. Indiana uses the Indiana E-Filing System. Attorneys are required to file electronically, and unrepresented litigants are encouraged but not required to do so under Ind. Trial Rule 87.
What happens to the original will if the case is e-filed?
Ind. Trial Rule 87(E) allows a copy of the will to be e-filed with a required affidavit. The filer must keep the original will until the estate is closed and the personal representative is released, or until the time to file a will contest has expired, whichever is later, unless the court or statute directs otherwise.
How much does it cost to open an estate in Fayette County?
A petition that opens an estate carries $177, current through the 2026 Legislative Session, from the $120 probate costs amount and statutory add-ons under IC 33-37-4-7 and IC 33-37-5. Fayette County also has a local compensation guideline for attorney and personal representative fees under LR21-PR00-10, which is separate from court costs.
Are there Fayette County probate forms?
Fayette County local rules incorporate a Computation of Fees form for decedent estates and a Computation of Guardian and Trustee Fee form. Indiana Legal Help also publishes the statewide small estate affidavit CCA-EM-0722-5000, which is given to the property holder and not filed with the court.
Can I look up a Fayette County estate online?
Yes. Search MyCase at mycase.in.gov by the decedent's name. Estate cases appear as EU, ES or EM, and a Fayette County estate may show under either the Circuit Court or the Superior Court.
Does Fayette County allow remote probate hearings?
Ask the assigned court before the hearing. Ind. Administrative Rule 14 allows non-testimonial hearings to be held remotely at the court's discretion, while testimonial hearings are remote only for good cause or by agreement.
Do I have to travel to Connersville to handle a Fayette County estate?
Not always. Attorneys file through the Indiana E-Filing System, and some routine estate settlement work can be handled through filings and counsel. If a hearing is set or original documents are needed, ask the assigned court what appearance or delivery method it will accept.
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.