Back to Indiana
Franklin County, IN Probate Information
Quick facts
| Item | Franklin County details |
|---|---|
| Court for estates | Franklin Circuit Court, Division 2. Local Rule L.R.24-A.R.1(E)-5 assigns ES, EU, GU and TR case types to Circuit Court 2. |
| Filing office | Clerk of the Franklin Circuit Court, 459 Main Street, Room 104, Brookville, IN 47012. |
| Mailing address | Use the street address. No separate mailing address is published. |
| Phone | (765) 647-5111. |
| Fax | (765) 647-3224. |
| [email protected]. | |
| Hours | Monday through Friday, 8:30 a.m. to 4:00 p.m., closed 12:00 p.m. to 1:00 p.m. daily for lunch. |
| Court cost for a petition that opens an estate | $177, current through the 2026 Legislative Session, for a petition that opens an estate (IC 33-37-4-7, IC 33-37-5). Offering a will for probate alone and certain closing statements have separate statutory treatment under IC 33-37-4-7(c). |
| Local copy charge | $1.00 per page at the clerk's office. |
| Local forms | No Franklin County probate packet, cover sheet, checklist or estate-specific form is published by the clerk. |
| E-filing | Attorneys file through the Indiana E-Filing System. Unrepresented litigants are encouraged, but not required, to use the IEFS (Ind. Trial Rule 87). |
| Case search | Search MyCase at mycase.in.gov. Estate cases appear as EU, ES or EM. |
| Remote appearance | Indiana courts may handle non-testimonial hearings remotely at the court's discretion. Testimonial hearings are in person unless good cause or party agreement supports a remote appearance (Ind. Administrative Rule 14). Ask Division 2 what it will allow. |
| Website | Franklin County Clerk: https://www.franklincounty.in.gov/department/clerk/. Indiana Judicial Branch Franklin County page: https://www.in.gov/courts/local/franklin-county/. |
Before you begin — know the assets and liabilities
Before you file in Franklin County, list the decedent's probate assets, nonprobate assets, debts, liens, funeral expenses and known creditors. That inventory tells you whether the estate settlement belongs in a court estate, a small estate affidavit route, or a transfer outside probate.
Sunset's 2,300-institution asset discovery helps families find accounts, policies and balances before they prepare the local filing packet for the Franklin Circuit Court, Division 2. That work also helps you decide what to ask the clerk, the court, or a Franklin County probate attorney before filing.
Which court handles jurisdiction
File in Franklin County when the decedent was domiciled in Franklin County at death (IC 29-1-7-1). If a nonresident decedent left property in Indiana, venue can be in an Indiana county where the property was located or later came into the estate (IC 29-1-7-1).
Franklin County's courthouse city is Brookville. The same Brookville clerk's office serves the county, including Brookville, Laurel, Metamora, Oldenburg in part, Cedar Grove and other Franklin County communities. Franklin County has one circuit court, two divisions, and no superior court. Estate case types ES, EU, GU and TR are assigned locally to the Franklin Circuit Court, Division 2 under L.R.24-A.R.1(E)-5.
The filing counter is the Clerk of the Franklin Circuit Court at 459 Main Street, Room 104. Indiana law provides that the elected Clerk of the Circuit Court serves the circuit court and any other county trial court functions in the county (IC 33-32-2-1).
The jurisdiction process
- Decide the local path. If the estate needs a court-appointed personal representative, prepare the petition for probate of will and letters testamentary, or the petition for letters of general administration, for the Franklin Circuit Court, Division 2. If the statewide small estate affidavit is enough, use that route instead of opening a court estate.
- Prepare the filing packet. Franklin County does not publish a local probate packet or cover sheet, so use Indiana-law pleadings tailored to the estate, the original will if there is one, death certificate information, heir or devisee information, and any consents or bond papers required by the statewide statutes.
- File with the Clerk of the Franklin Circuit Court at 459 Main Street, Room 104, Brookville. Attorneys file through the IEFS. An unrepresented filer may use the IEFS but is not required to do so (Ind. Trial Rule 87).
- Pay the court cost if the filing opens an estate. A petition that opens an estate carries $177, current through the 2026 Legislative Session (IC 33-37-4-7, IC 33-37-5). A will-only filing and certain closing statements are treated separately under IC 33-37-4-7(c).
- Handle the original will correctly. For an e-filed will, Trial Rule 87(E) requires an accurate copy and an affidavit about possession of the original will. The original must be kept until the estate is closed and the personal representative is released from liability, or until the time for a will contest expires, whichever is later, unless the court or statute directs otherwise (Ind. Trial Rule 87).
- Serve and publish notice after letters issue. Indiana requires notice of estate administration to be published once each week for two consecutive weeks, with proof filed with the clerk within 30 days after publication (IC 29-1-7-7). Known and reasonably ascertainable creditors receive notice under the statute.
- Schedule any hearing with Division 2. Franklin County does not publish a separate probate hearing calendar in its local rules. Ask the clerk or the Division 2 court how the judge wants the matter set and whether a non-testimonial hearing may proceed remotely under Ind. Administrative Rule 14.
- Receive authority. After appointment, the clerk issues letters testamentary or letters of general administration under the court seal. Those letters are evidence of the personal representative's authority until superseded or revoked (IC 29-1-10-4).
- Administer the estate. The personal representative gathers assets, prepares the inventory required by Indiana law, pays valid claims and expenses, handles taxes and distributes assets to the proper distributees. In an unsupervised administration, the personal representative may act without returning to court for approval when the statutory requirements are met (IC 29-1-7.5-2, IC 29-1-7.5-3).
- Close the estate settlement. For an unsupervised estate, the personal representative files a closing statement no earlier than three months after the first published notice to creditors, once the estate is fully administered (IC 29-1-7.5-4). A supervised estate closes through the court process required for that case.
Forms and documents
Probate forms in Franklin County
Franklin County does not publish a local probate packet, estate cover sheet, checklist or estate-specific clerk form. The clerk's public forms list includes small claims, protective order and court-appointed-attorney materials, but no probate or decedent-estate form.
Indiana also has no statewide court-approved probate form set. Indiana Legal Help publishes the statewide small estate affidavit, CCA-EM-0722-5000, for a qualifying estate with a gross probate estate of $100,000 or less for deaths after June 30, 2022, under IC 29-1-8-1. That affidavit is given to the bank or other holder of property, not filed at the Franklin County courthouse.
| Form issue | Franklin County answer |
|---|---|
| Local probate packet | None published by the Franklin County Clerk. |
| Local cover sheet or checklist | None published by the Franklin County Clerk. |
| Small estate affidavit | Use Indiana Legal Help's CCA-EM-0722-5000 when the statewide small estate rules fit. It is not filed with the court. |
| Will filing through IEFS | Trial Rule 87(E) requires an accurate copy of the will and an affidavit about the original will when a will is filed electronically. |
Fees
The statewide court cost for a petition that opens an Indiana estate is $177, current through the 2026 Legislative Session (IC 33-37-4-7, IC 33-37-5). That amount is statutory. Franklin County's local added cost in this page is the clerk's copy charge.
| Item | Amount | When it matters |
|---|---|---|
| Petition that opens an estate | $177, current through the 2026 Legislative Session (IC 33-37-4-7, IC 33-37-5) | Paid when the filing opens an estate and is not one of the exempt filings in IC 33-37-4-7(c). |
| Franklin County clerk copies | $1.00 per page | Charged for copies at the clerk's office. |
Local nuance
Franklin County-specific considerations
| Local point | What it means for a Franklin County estate |
|---|---|
| Division 2 hears estate case types | Franklin County has one circuit court with two divisions. L.R.24-A.R.1(E)-5 assigns ES, EU, GU and TR case types to the Franklin Circuit Court, Division 2. |
| No superior court | Franklin County is not a county where estate filings must be sorted between circuit and superior courts. The local question is the division, not a separate court. |
| Room 104 is the filing counter | The clerk's Room 104 counter handles probate matters, along with other clerk functions. |
| No local PR00 rule family | Franklin County's local rules do not add a probate-specific inventory clock, bond default, counsel requirement or local probate form family beyond the statewide statutes. |
| Lunch closure | The clerk's office is closed 12:00 p.m. to 1:00 p.m. daily for lunch, so plan Brookville counter visits around that closure. |
Recent updates
Scenarios
| Scenario | Likely Franklin County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by identifying how the deed is titled and which assets, if any, are in the probate estate. If a court estate is needed, file through the Franklin County Clerk for the Franklin Circuit Court, Division 2. If a personal representative's deed is needed in an unsupervised estate, Indiana's closing statement statute expects real estate transfers to be handled before closing (IC 29-1-7.5-4). | Sunset helps find accounts, organize debts and assets, and generate a packet for the estate settlement path that fits the home and the remaining property. |
| Out-of-state adult child with a small estate | If the estate qualifies for the statewide small estate affidavit, the affidavit may be presented to the holder of property after the statutory wait, rather than opening a court estate. The current ceiling is $100,000 for deaths after June 30, 2022, under IC 29-1-8-1. If a court appointment is needed, a nonresident personal representative must address Indiana's resident-agent and bond rules (IC 29-1-10-1). | Sunset helps determine whether accounts and balances point toward the small estate affidavit route or a Division 2 estate filing, then helps connect the family with Indiana counsel if needed. |
| Parent settling a predeceased child's estate, home must be sold | Use Franklin County venue if the child was domiciled in Franklin County at death. Because real estate sale timing can matter, especially for debts that are not liens of record, ask counsel early about the five-month and seven-month rule for filing and letters (IC 29-1-7-15.1). The estate filing goes to the Franklin Circuit Court, Division 2. | Sunset helps collect account information, organize the home-sale questions, and prepare the estate settlement materials an attorney can use to move quickly. |
Self-help resources
| Resource | How it helps | Link or contact |
|---|---|---|
| Indiana Judicial Branch, Franklin County | County court page with Judicial District 18, local rules, case search and e-filing links. | https://www.in.gov/courts/local/franklin-county/ |
| Franklin County Clerk | Room 104 filing office for probate matters, with address, phone, fax, email and hours. | 459 Main Street, Room 104, Brookville, IN 47012. (765) 647-5111. https://www.franklincounty.in.gov/department/clerk/ |
| Indiana Legal Help, Estate | Small estate affidavit CCA-EM-0722-5000, Probate FAQ and Small Estate FAQ. | https://indianalegalhelp.org/legal-topic-category/estate-2/ |
| MyCase | Statewide public case search for estate cases, including EU, ES and 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 Franklin County. | 1200 Madison Avenue, Suite 300, Indianapolis, IN 46225. (317) 631-9410. https://www.indianalegalservices.org/locations/ |
When to hire an attorney
A Franklin County probate attorney makes sense when the estate includes real estate to sell, creditor disputes, a nonresident personal representative, missing heirs, a contested will, bond questions, or uncertainty about whether the small estate affidavit is enough. Even in an unsupervised administration, the personal representative is responsible for notice, claims, inventory, asset transfers, taxes and closing the estate settlement correctly. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify accounts, insurance, retirement assets and other property that may affect the Franklin County probate path.
Generate the probate packet. Sunset turns the family's answers into an organized estate settlement packet for the Franklin Circuit Court, Division 2, including the information a personal representative or attorney needs to review before filing.
Find a local probate attorney. When the estate needs legal help, Sunset connects families with a vetted Indiana probate attorney who can advise on Franklin County practice, real estate, creditor claims and court filings.
Sunset is free for families. Families can use Sunset to organize the estate, understand next steps and connect with legal help without paying Sunset for the service.
Frequently asked questions
Where do I file probate in Franklin County, Indiana?
File with the Clerk of the Franklin Circuit Court at 459 Main Street, Room 104, Brookville, IN 47012. Estate case types ES, EU, GU and TR are assigned to the Franklin Circuit Court, Division 2 under L.R.24-A.R.1(E)-5.
Does Franklin County have a separate probate court?
No. Franklin County has one circuit court with two divisions and no superior court. Estate filings are assigned locally to the Franklin Circuit Court, Division 2.
Can I e-file a Franklin County probate case?
Yes. Attorneys file through the Indiana E-Filing System. Unrepresented litigants may use the IEFS, but Indiana Trial Rule 87 says they are encouraged rather than required to do so.
What happens to the original will if I e-file in Franklin County?
Trial Rule 87(E) requires an accurate copy of the will and an affidavit about the original. 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 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 Franklin County?
A petition that opens an Indiana estate carries $177, current through the 2026 Legislative Session (IC 33-37-4-7, IC 33-37-5). Franklin County also charges a local copy fee of $1.00 per page.
Does Franklin County publish local probate forms?
No Franklin County probate packet, cover sheet, checklist or estate-specific clerk form is published. Indiana Legal Help's small estate affidavit, CCA-EM-0722-5000, is statewide and is given to the holder of property rather than filed with the court. The current small estate ceiling is $100,000 for deaths after June 30, 2022, under IC 29-1-8-1.
Can I look up a Franklin County estate online?
Yes. Search MyCase at mycase.in.gov by the decedent's name. Estate cases appear as EU, ES or EM.
Can I appear remotely for a Franklin County probate hearing?
Ask the Franklin Circuit Court, Division 2. Indiana Administrative Rule 14 allows courts to hold non-testimonial hearings remotely at the court's discretion, while testimonial hearings are in person unless good cause or party agreement supports remote appearance.
Do I have to travel to Brookville for a Franklin County estate?
Not always. Attorneys use the IEFS, unrepresented litigants may be able to file electronically, and some matters may be handled without a hearing. If a hearing is set, ask Division 2 whether remote appearance is available under Ind. Administrative Rule 14.
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.