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Floyd County, IN Probate Information
Quick facts
| Topic | Floyd County detail |
|---|---|
| Court for estates | Floyd Circuit Court, under LR22-TR00-117. |
| Filing counter | Clerk of the Circuit Court, 311 Hauss Square, Room 235, New Albany, IN 47150. |
| Circuit Court location | 311 Hauss Square, Room 413 for the courtroom and Room 417 for the court office, New Albany, IN 47150. |
| Clerk phone | (812) 948-5411. |
| Circuit Court phone | (812) 948-5455. |
| Fax | Clerk: (812) 948-4711. Circuit Court: (812) 948-4735. |
| Hours | Monday through Friday, 8 a.m. to 4 p.m. The clerk and Circuit Court offices close from 12 to 1 for lunch. |
| Estate opening charge | $177 for an estate case, published by the clerk as effective August 1, 2024, for a petition for probate of will and issuance of letters or a petition for letters of administration (IC 33-37-4-7). |
| Sheriff service | $28 when sheriff service is requested, published by the clerk as effective August 1, 2024 (IC 33-37-5-15). |
| Payment at the counter | The clerk publishes that the counter accepts cash, money orders and cashier's checks. The clerk's own site also lists major credit and debit cards, so call (812) 948-5411 before the trip. |
| Local forms | No local estate packet or local probate form is published by the clerk or the Floyd Circuit Court. |
| E-filing | Available through the Indiana E-Filing System. Attorneys must e-file. Unrepresented people are encouraged to e-file but are not required to do so under Ind. Trial Rule 87. |
| Case search | MyCase at https://public.courts.in.gov/mycase/. Estate cases appear as EU, ES or EM. |
| Remote appearance | No Floyd County estate-specific remote rule is published. Ask the Floyd Circuit Court about any hearing request. Indiana's statewide rule is Ind. Administrative Rule 14. |
| Website | https://www.in.gov/courts/local/floyd-county/ |
Before you begin — know the assets and liabilities
Before you file anything in Floyd County, identify what the person owned, what passed outside probate, and what debts or liens may affect the estate. That asset and liability picture tells you whether a court estate is needed, what authority the personal representative needs, and whether real estate in Floyd County will have to be sold or recorded through the recorder.
Sunset helps with estate settlement by searching across more than 2,300 financial institutions, organizing the asset picture, and turning the result into a probate packet for the Floyd Circuit Court workflow. That preparation matters locally because Floyd County requires a separate proposed order, a distribution list, and stamped, addressed envelopes with the filing.
Which court handles jurisdiction
File a Floyd County estate when the decedent was domiciled in Floyd County at death, because Indiana venue for probating a will and administering an estate is the Indiana county of domicile (IC 29-1-7-1). A nonresident decedent's Indiana estate may be filed in an Indiana county where property is located or later comes into the county under the same venue statute.
New Albany is the county seat and courthouse town. Floyd County constitutes the fifty-second judicial circuit, and the county's three superior courts hold their sessions in the Floyd County courthouse in New Albany (IC 33-33-22-1, IC 33-33-22-4). The county's listed communities include New Albany, Georgetown, Greenville and Floyds Knobs.
Indiana has one elected Clerk of the Circuit Court in each county who serves as clerk for every court in that county (IC 33-32-2-1, IC 33-32-2-2). In Floyd County, that means the Room 235 clerk's counter is the filing counter for the four courts in the City-County Building, while LR22-TR00-117 directs every supervised, unsupervised and miscellaneous estate to the Floyd Circuit Court.
The jurisdiction process
- Build the asset and debt list first. Identify accounts, vehicles, real estate, beneficiary designations, co-owned property, debts, funeral expenses and any urgent need to sell Floyd County real estate before choosing the filing path.
- Gather the core documents. Bring a certified death certificate, the original will if there is one, names and addresses for heirs, devisees, legatees and known creditors, and the information needed to ask for letters testamentary or letters of general administration.
- Prepare the petition for the Floyd Circuit Court. The filing may be a petition for probate of will and issuance of letters, or a petition for letters of administration, depending on whether there is a will.
- Prepare the proposed order at the same time. Floyd County requires an application for a court order to be accompanied by a separate proposed order (LR22-TR7-107).
- Build the proposed order packet the local way. The proposed order must show who prepared it, list each person entitled to service by name and address, include enough copies for service, and include sufficient pre-stamped, pre-addressed envelopes for the court to mail the signed order or entry (LR22-TR10-105).
- File with the Clerk of the Circuit Court in Room 235 at 311 Hauss Square, New Albany, or through the Indiana E-Filing System. The counter is open Monday through Friday, 8 a.m. to 4 p.m., and closes from 12 to 1 for lunch.
- Pay the estate case charge when the case is opened unless the court has already signed a written order waiving prepayment (LR22-TR3-103). The clerk publishes a $177 estate case charge, effective August 1, 2024, for a petition for probate of will and issuance of letters or a petition for letters of administration (IC 33-37-4-7). The clerk publishes that the counter accepts cash, money orders and cashier's checks, and the clerk's own site also lists major credit and debit cards, so call (812) 948-5411 before the trip.
- Use the letters once issued. Letters testamentary or letters of general administration, attested by the clerk and under the seal of the court, are the personal representative's proof of authority (IC 29-1-10-4).
- Publish and serve notice of administration. Indiana requires publication once each week for two consecutive weeks and service on the required people, with proof of publication filed with the clerk within 30 days after publication (IC 29-1-7-7). Floyd County also makes it the filer's responsibility to verify service, and the clerk's office has public access computers for checking the case summary (LR22-TR5-104).
- Attend any hearing the Floyd Circuit Court sets. A hearing in a Floyd County estate may be held before the judge of the Floyd Circuit Court or before the magistrate who serves the county's circuit and superior courts (IC 33-33-22-1).
- Administer and close the estate. Prepare the inventory on the statewide timetable, handle claims, sell or record real estate through the proper statutory route if needed, distribute assets, and close the estate settlement by the appropriate closing statement or final settlement procedure.
Forms and documents
Probate forms in Floyd County
Floyd County does not publish a local estate packet, probate checklist, petition form, or estate information sheet through the clerk or the Floyd Circuit Court. Indiana also does not have a statewide court-approved probate form set for opening a regular estate. In Floyd County, the petition and proposed order are drafted for the case, and the local rules focus on what must accompany the filing.
The local form-like requirements are practical. A petition asking the court to act must include a separate proposed order (LR22-TR7-107). The proposed order must include the preparer line, the names and addresses of everyone entitled to service, enough copies, and pre-stamped, pre-addressed envelopes for mailing signed orders or entries (LR22-TR10-105).
Indiana Legal Help publishes the statewide small estate affidavit, CCA-EM-0722-5000. That affidavit is presented to the bank, transfer agent, insurer or other holder of the property, and it is not filed with the Floyd County clerk.
Fees
Floyd County's clerk publishes local charges that matter after the statewide estate case charge, especially when a personal representative needs certified copies of letters for banks, transfer agents or a real estate closing.
| Charge | Amount | How it applies in Floyd County |
|---|---|---|
| Estate case opening | $177 | Published by the clerk as effective August 1, 2024, for an estate case. Use this for a petition for probate of will and issuance of letters or a petition for letters of administration (IC 33-37-4-7). |
| Sheriff service | $28 | Published by the clerk as effective August 1, 2024, when service through the sheriff is requested (IC 33-37-5-15). |
| Copies | $1.00 per page | The clerk charges this for legal size or letter size copies (IC 33-37-5-1). |
| Certification | $3.00 per document | The clerk charges this for a certificate under seal attached to authenticate a copy of a record, paper or transcript (IC 33-37-5-3). |
Offering a will for probate alone, without other proceedings, is treated differently under Indiana's statewide fee statute, and a closing statement for an estate described in IC 29-1-8-4 also has its own statutory fee rule (IC 33-37-4-7). If you need certified letters, ask the clerk how many certified copies your banks, title company or transfer agent will likely require.
Local nuance
Floyd County-specific considerations
Four courts, one estate assignment. Indiana probate jurisdiction is original and concurrent, so the Floyd Circuit Court (IC 33-28-1-2) and all three Floyd superior courts (IC 33-29-1-1.5) have jurisdiction over a civil case. Which court receives an estate is set by this county's own allocation rule rather than by statute. In Floyd County, LR22-TR00-117 sends all supervised estates, unsupervised estates and miscellaneous estate matters to the Floyd Circuit Court.
The proposed order is not optional. Floyd County requires a separate proposed order with a written request for a court order (LR22-TR7-107). The proposed order must identify the preparer, include a distribution list with names and addresses, come in enough copies for everyone entitled to service, and arrive with pre-stamped, pre-addressed envelopes for the court's mailing (LR22-TR10-105).
Plan around the lunch closure and payment rules. The clerk's Room 235 counter and the Floyd Circuit Court office are open Monday through Friday, 8 a.m. to 4 p.m., and both close from 12 to 1. The clerk publishes that the counter accepts cash, money orders and cashier's checks. The clerk's own site also lists major credit and debit cards, so call (812) 948-5411 before the trip.
Know the courtroom rules before a hearing. The Floyd Circuit Court publishes that courtroom attire is business casual. Children cannot be brought into the courtroom unless the court is interviewing them, and the court says there are no facilities to care for children, so childcare has to be arranged separately. Cell phones and recording devices must be turned off, no photography or recording of any kind is permitted, and weapons of any kind are barred from the courtroom and the building.
Service checking is the filer's job. Floyd County's local rule says counsel and self-represented parties are responsible for verifying service of process, and court personnel are not required to review the case file for them (LR22-TR5-104). The rule also says public access computers are located in the Floyd County clerk's office for checking the case summary.
Attorney withdrawal in an estate requires a hearing. An attorney who wants to withdraw from a Floyd County estate must file a written motion, set a hearing, and serve the personal representative at least ten days before the hearing with notice directing the personal representative to appear (LR22-TR3.1-101). The client's written consent alone does not use the usual shortcut in an estate or guardianship.
Real estate recording is in the same building. If estate real estate requires a deed or recording step, the Floyd County Recorder's Office is in Room 115 of the City-County Building at 311 Hauss Square. That is separate from the clerk's Room 235 counter and from the Floyd Circuit Court on the fourth floor.
Recent updates
| Update | What changed locally |
|---|---|
| Local court rules dated April 1, 2025 | The local rules published for the Floyd Circuit and Superior Courts include LR22-TR00-117, the allocation rule directing all supervised, unsupervised and miscellaneous estate matters to the Floyd Circuit Court. |
| Clerk fee table effective August 1, 2024 | The clerk publishes $177 for an estate case under the statewide probate cost structure (IC 33-37-4-7) and $28 when sheriff service is requested (IC 33-37-5-15). |
Page last reviewed: August 2026.
Scenarios
| Persona | Floyd County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start with the asset picture to decide what, if anything, belongs in the probate estate. If a court estate is needed, file with the clerk in Room 235 at 311 Hauss Square, and the case goes to the Floyd Circuit Court under LR22-TR00-117. The petition needs the separate proposed order, service list, copies and stamped, addressed envelopes required by LR22-TR7-107 and LR22-TR10-105. | Sunset searches more than 2,300 institutions, organizes the accounts and assets, and prepares the Floyd County estate settlement packet so the spouse knows what must be filed before going to New Albany. |
| Out-of-state adult child with small estate | An unrepresented person is encouraged to e-file but is not required to e-file under Ind. Trial Rule 87. Floyd County tells people with e-filing questions to call the clerk at (812) 948-5411. If letters are needed, the clerk charges $1.00 per page for copies and $3.00 per certification (IC 33-37-5-1, IC 33-37-5-3). Ask the clerk before relying on mail because the clerk publishes no post office box. | Sunset can find accounts from wherever the child lives, generate the packet, and connect the child with an Indiana attorney if a resident agent, bond, or unsupervised administration question needs legal help. |
| Parent settling predeceased child's estate, home must be sold | File the estate in Room 235 for assignment to the Floyd Circuit Court. If the home must be sold to pay a debt that is not a recorded lien or to pay administration costs, watch Indiana's five-month petition and seven-month letters rule for that kind of sale (IC 29-1-7-15.1). Any deed or real estate recording step is handled at the Floyd County Recorder's Office in Room 115 of the same building. | Sunset helps gather the asset picture quickly, prepares the estate settlement packet for the New Albany filing counter, and connects the parent to a local probate attorney for the sale and court authority issues. |
Self-help resources
| Resource | How it helps in Floyd County | Contact |
|---|---|---|
| Floyd County courts, Indiana Judicial Branch | Gives the county's local rules, judicial district information, and links for court contact, case search and e-filing. | https://www.in.gov/courts/local/floyd-county/ |
| Floyd Circuit Court | The court that receives Floyd County estate cases. Its page gives the fourth-floor courtroom and office, phone, fax, hours and courtroom rules. | 311 Hauss Square, Rooms 413 and 417, New Albany, IN 47150. (812) 948-5455. |
| Floyd County Clerk's Office | The Room 235 filing counter for estate cases, fees, certified copies and case records. | 311 Hauss Square, Room 235, New Albany, IN 47150. (812) 948-5411. https://www.floydcountyclerk.org/ |
| MyCase | Search a Floyd County estate case by the decedent's name. Estate cases appear as EU, ES or EM. | https://public.courts.in.gov/mycase/ |
| Indiana Legal Help, estates | Provides Indiana estate self-help information, the statewide small estate affidavit, and FAQs. | https://indianalegalhelp.org/legal-topic-category/estate-2/ |
| Indiana Judicial Branch e-filing | Explains the Indiana E-Filing System, certified provider choices, and the attorney e-filing requirement. | https://www.in.gov/courts/efiling/ |
| Southern Indiana Pro Bono Referrals | A referral service, not a law firm, for qualifying low-income residents in Floyd and nearby counties. Its own case types include small estates. Applications take about two weeks to process, and a referral can take two to three months. | P.O. Box 94, New Albany, IN 47151. 1-812-288-8002. [email protected]. http://probono14.org/ |
| Indiana Legal Services, New Albany office | Free civil legal aid for eligible low-income Hoosiers. Let intake decide whether the office can help with the issue. | 3303 Plaza Drive, Suite 5, New Albany, IN 47150. (812) 945-4123. Open Monday through Friday, 8:30 a.m. to 4:30 p.m. |
| Indiana Free Legal Answers | Free, confidential answers to civil legal questions from volunteer Indiana attorneys. | https://indiana.freelegalanswers.org/ |
When to hire an attorney
A lawyer is especially useful in Floyd County when the estate is supervised, real estate must be sold, heirs disagree, creditor issues are active, or the personal representative lives outside Indiana and needs a resident agent and a bond decision. Floyd County does not publish a local rule requiring every personal representative to have counsel, but its rules do treat an attorney's withdrawal from an estate as a court-hearing matter with at least ten days' notice to the personal representative (LR22-TR3.1-101). Southern Indiana Pro Bono Referrals lists small estates among the civil matters it may place for eligible residents, but it is a referral service and its referral timeline may not fit a court deadline. Sunset connects families with a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help families find accounts, balances and assets that may belong in the estate. That gives the personal representative a clearer starting point before filing in Room 235 or deciding whether a court estate is needed.
Generate the probate packet. Sunset turns the estate information into an organized packet for the Floyd Circuit Court workflow, including the documents and local details that matter for the proposed order, service list and stamped, addressed envelopes.
Find a local probate attorney. When a sale of real estate, a creditor issue, a dispute, or an out-of-state personal representative makes the case more complicated, Sunset can connect the family with a vetted Indiana probate attorney familiar with estate settlement in Floyd County.
Sunset is free for families. Families can use Sunset's probate tools, asset discovery and attorney matching without paying Sunset. If a family chooses to hire an attorney, the attorney's own fees are handled separately with that attorney.
Frequently asked questions
Which court handles probate in Floyd County?
Floyd County estate cases go to the Floyd Circuit Court. The county's own allocation rule says all supervised, unsupervised and miscellaneous estate matters are filed in the Circuit Court (LR22-TR00-117).
Where do I file to probate a will in Floyd County?
File with the Clerk of the Circuit Court at 311 Hauss Square, Room 235, New Albany, IN 47150. The clerk's office is on the second floor of the City-County Building, and the Floyd Circuit Court is on the fourth floor.
When is the Floyd County Clerk's Office in New Albany open?
The clerk's office is open Monday through Friday, 8 a.m. to 4 p.m., and closes from 12 to 1 for lunch. The Floyd Circuit Court office follows the same daily lunch closure.
What does it cost to open an estate in Floyd County?
The clerk publishes $177 for an estate case, effective August 1, 2024, for a petition for probate of will and issuance of letters or a petition for letters of administration (IC 33-37-4-7). If sheriff service is requested, the clerk publishes a $28 sheriff service charge, effective August 1, 2024 (IC 33-37-5-15).
Do I have to e-file an estate case in Floyd County?
Attorneys must e-file through the Indiana E-Filing System. An unrepresented person is encouraged to e-file but is not required to do so under Ind. Trial Rule 87. Floyd County directs local e-filing questions to the clerk at (812) 948-5411.
Does Floyd County have its own probate forms?
No local estate packet, probate checklist or petition form is published by the Floyd County clerk or the Floyd Circuit Court. Indiana Legal Help publishes the statewide small estate affidavit, CCA-EM-0722-5000, but that affidavit is presented to the property holder and is not filed with the court.
What do I have to bring with a petition in Floyd County?
Bring the petition, the death certificate, the original will if there is one, the information needed for heirs, devisees, legatees and known creditors, and the separate proposed order required by local rule. The proposed order must include the preparer line, a distribution list with names and addresses, enough copies, and stamped, addressed envelopes for court mailing (LR22-TR7-107, LR22-TR10-105).
Can I look up a Floyd County estate case online?
Yes. Search the decedent's name on MyCase at https://public.courts.in.gov/mycase/. Floyd County estate cases appear under EU, ES or EM, and official copies still come from the clerk.
Will I have to appear in person at the courthouse in New Albany?
Ask the Floyd Circuit Court about the hearing the court sets. Indiana allows a non-testimonial hearing to be remote at the court's discretion, and a testimonial hearing is in person unless there is good cause or the parties agree (Ind. Administrative Rule 14). Floyd County does not publish a separate estate-specific remote appearance rule.
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.