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Hamilton County, IN Probate Information
Quick facts
| Topic | Hamilton County information |
|---|---|
| Court that receives estate cases | The Clerk assigns EM, ES, EU, GU and TR case numbers to Hamilton Superior Court No. 1, Hamilton Superior Court No. 2 or Hamilton Superior Court No. 3 on an even random basis under LR29-PR00-702.80. |
| Filing office | Clerk of the Hamilton Circuit Court, 1 Hamilton County Square, Suite 106, Noblesville, IN 46060. |
| Court contact | The three courts that take estate cases sit at 1 Hamilton County Square in Noblesville: Superior Court No. 1 in Suite 345 at (317) 776-9655, Superior Court No. 2 in Suite 384 at (317) 776-9647 and Superior Court No. 3 in Suite 311 at (317) 776-9709, with Court Administration in Suite 313 at (317) 776-8589. Use a court line for a question about a hearing and the Clerk's line for a question about filing. |
| Mailing | None. Mail goes to the Clerk's street address above. |
| Phone | Clerk's Office: (317) 776-9629. |
| Fax | Clerk's fax: (317) 776-9664. |
| Hours | The Clerk's Office is open Monday through Friday from 8 in the morning until 4:30 in the afternoon. Court filings are taken until 4 in the afternoon. |
| Cost | The Clerk's civil cost list effective January 1, 2025 prices supervised and unsupervised estates at $177 under IC 33-37. A will offered for probate on its own, or a petition to open a safety deposit box, is listed as no charge under IC 33-37-4-7(c). |
| Local forms | Yes. Hamilton County publishes probate forms PR00-1 through PR00-18. The personal representative instructions form is required when letters are ordered issued. |
| E-filing | Attorneys file through the Indiana E-Filing System under Ind. Trial Rule 87. Unrepresented litigants are encouraged, but not required, to use the system. |
| Case search | Search MyCase at mycase.in.gov. Hamilton County estate case numbers usually begin 29D01, 29D02 or 29D03. |
| Remote appearance | Indiana Administrative Rule 14 controls. Hamilton County's Legal Self-Help Center helps eligible filers prepare a request to appear by phone or computer, and the assigned court decides the request. |
| Website | Hamilton County probate rules: https://www.hamiltoncounty.in.gov/210/Probate-Rules. Hamilton County probate forms: https://www.hamiltoncounty.in.gov/194/Probate-Rules-Forms. |
Before you begin — know the assets and liabilities
Before you file in Hamilton County, identify the probate assets, debts, estimated rents and profits, and whether real estate must be sold. Those numbers affect the route, the bond request, the local inventory requirement and whether the small estate affidavit can be used without filing anything in court.
Sunset searches across more than 2,300 financial institutions to help families find accounts and assets before choosing an estate settlement path. That matters locally because Hamilton County requires the petition to include the probable value of personal property and estimated annual rents and profits, and because the Clerk takes court filings only until 4 in the afternoon.
Which court handles jurisdiction
Hamilton County probate venue is based on the decedent's domicile at death (IC 29-1-7-1). If the decedent lived in Hamilton County, the estate is filed in Noblesville with the Clerk of the Hamilton Circuit Court, even though the Clerk assigns the case to Hamilton Superior Court No. 1, No. 2 or No. 3 under LR29-PR00-702.80.
The Hamilton County courthouse serves Arcadia, Atlanta, Carmel, Cicero, Fishers, Noblesville, Sheridan and Westfield. Carmel, Fishers and Noblesville city courts do not handle estate cases.
Hamilton County is its own judicial circuit, and its superior courts are standard superior courts. The circuit and superior courts have original and concurrent civil jurisdiction, not an estate-only court structure (IC 33-28-1-2, IC 33-29-1-1.5).
The jurisdiction process
- Decide whether a court administration is needed. If the gross probate estate is within the statewide small estate route for deaths after June 30, 2022, the affidavit under IC 29-1-8-1 is given to the holder of the asset and is not filed with the court.
- Line up counsel, or ask the court for permission to proceed without counsel. Hamilton County's rule says no personal representative may proceed without counsel unless the court approves it (LR29-PR00-704.10).
- Prepare the petition and proposed order. Hamilton County requires the petition to identify the proposed personal representative and to state the probable value of personal property plus estimated annual rents and profits (LR29-PR00-702.40, LR29-PR00-705.30). Proposed orders are required for proceedings unless the court directs otherwise (LR29-PR00-702.10).
- File with the Clerk of the Hamilton Circuit Court at 1 Hamilton County Square, Suite 106, Noblesville. Attorneys file through the Indiana E-Filing System under Ind. Trial Rule 87. The Clerk takes court filings Monday through Friday until 4 in the afternoon.
- Pay the correct cost. The Clerk's list effective January 1, 2025 prices a supervised or unsupervised estate at $177 under IC 33-37. A will offered for probate by itself, or a petition to open a safety deposit box, is listed as no charge under IC 33-37-4-7(c).
- Let the Clerk assign the case. Hamilton County estate cause numbers are assigned to Superior Court No. 1, No. 2 or No. 3 on an even random basis (LR29-PR00-702.80). The cause number tells you which court will handle hearings.
- Complete the court's qualification step. An Indiana-resident proposed personal representative appears before the court. A nonresident may either appear or submit an affidavit describing education, employment and lack of felony convictions (LR29-PR00-703.10, LR29-PR00-703.20). A nonresident also files the written acceptance, resident-agent appointment and bond paperwork required by IC 29-1-10-1(d).
- Address bond before letters issue. Hamilton County starts from a corporate surety bond in every estate, with local exceptions for a will waiver, a fiduciary's share, written requests from heirs or legatees, unsupervised administration and restricted accounts (LR29-PR00-705.10, LR29-PR00-705.20).
- File the personal representative instructions when letters are ordered issued. Use PR00-1 for a supervised estate or PR00-2 for an unsupervised estate, sign and return one copy to the court within ten days, and keep a copy. Letters testamentary or letters of general administration attested by the Clerk under seal are the proof of authority (IC 29-1-10-4).
- Publish and serve notice. Indiana requires publication after letters issue. Hamilton County makes the attorney responsible for preparing notice, ensuring publication, serving notice by certified mail where required, and filing proof of service and the creditor-notice compliance affidavit (LR29-PR00-701.10, LR29-PR00-701.40, LR29-PR00-702.60).
- Use the correct hearing and remote-appearance procedure. Hamilton County does not publish probate hearing days or a set waiting period. Ask the assigned Superior Court about scheduling. Remote participation is governed by Ind. Administrative Rule 14, and the county's Legal Self-Help Center helps eligible filers prepare a request to appear by phone or computer.
- Inventory and administer the estate. In a supervised estate, Hamilton County requires the inventory to be filed within sixty days of appointment, signed and verified by the fiduciary and signed by the attorney (LR29-PR00-706.10, LR29-PR00-702.20). Claims are examined three months and fifteen days after the first published notice (LR29-PR00-709.10).
- Close the estate settlement. In a supervised estate, all court costs must be paid and all claims satisfied and released before the final account is approved. In an unsupervised estate, all court costs and claims must be handled by the time the closing statement is filed, the Clerk's Certificate as to Costs and Claims must be filed with it, and the court does not enter an order approving the closing statement because the estate closes by operation of law (LR29-PR00-710.70, LR29-PR00-712.20, LR29-PR00-712.40).
Executor duties
- Sign and return the local instructions. PR00-1 or PR00-2 must be filed when letters are ordered issued, and the form directs the personal representative to sign and return one copy to the court within ten days (LR29-PR00-702.50).
- Send the unsupervised-estate notice of rights. PR00-2 says the personal representative must send interested persons notice of their rights and file proof of sending it, or the representative will not be permitted to continue.
- Keep estate money separate. PR00-2 directs the personal representative to open a separate estate account, avoid mixing estate funds with other funds and use estate money only for estate purposes.
- Sign in the right capacity. Hamilton County's instructions tell the personal representative to sign as personal representative for the estate when dealing with accounts or securities registered to the estate.
- Do not distribute too early. PR00-2 directs the personal representative not to distribute to an heir or beneficiary until at least three months after the first publication of notice.
- Keep the records the closing statement will need. PR00-2 directs the personal representative to keep records of receipts, paid bills, canceled checks and other evidence of estate disbursements for the closing statement.
- Tell the court about contact changes. A fiduciary is under a continuing order to notify the court and counsel in writing of any change of name, address or telephone number (LR29-PR00-703.30).
- Use signed accountings. Hamilton County requires each inventory and accounting filed in an estate to be signed and verified by the fiduciary and signed by the attorney (LR29-PR00-702.20).
Forms and documents
Probate forms in Hamilton County
Hamilton County publishes a substantial local probate form set on its Probate Rules Forms page. The county forms are numbered PR00-1 through PR00-18, and they are tied to Hamilton County's local probate rules.
| Form | Use |
|---|---|
| PR00-1 | Instructions to Personal Representative of Supervised Estate. The form is required when letters are ordered issued and must be signed and returned to the court within ten days. |
| PR00-2 | Instructions to Personal Representative of Unsupervised Estate. The form is required when letters are ordered issued and includes Hamilton County instructions on notices, separate estate accounts, distributions and closing. |
| PR00-5 | Certification by financial or investment institution. Used when a restricted account is approved in place of bond. |
| PR00-6 | Clerk's Certificate as to Costs and Claims. Required with an unsupervised-estate closing statement under LR29-PR00-712.20 and used before a final account is approved. |
| PR00-7 | Maximum Fee Guidelines for Supervised Estates, revised April 2025. These are court guidelines for supervised-estate attorney and fiduciary fees, not court costs. |
Hamilton County also links the statewide Affidavit for Transfer of Assets Without Administration and labels it correctly: it should be used only when the estate fits the small estate route and should not be filed with the court. For deaths after June 30, 2022, that affidavit route is governed by IC 29-1-8-1 and uses the statewide $100,000 ceiling.
Indiana does not publish a full statewide court-approved probate form set for regular administrations, so Hamilton County's PR00 forms and local rules control the local packet.
Fees
Hamilton County has a local fee layer because the Clerk publishes a current civil cost list and the court publishes local maximum fee guidelines for supervised estates.
| Cost or guideline | Hamilton County rule |
|---|---|
| Supervised or unsupervised estate | The Clerk's list effective January 1, 2025 prices ES and EU estate cases at $177 under IC 33-37. |
| Will offered for probate only | The Clerk's list effective January 1, 2025 prices the EM case type for probate of a will or opening a safety deposit box as no charge, consistent with IC 33-37-4-7(c). |
| Sheriff service | The Clerk's list effective January 1, 2025 describes a $28 service-of-process charge before judgment and another $28 after judgment when sheriff service is requested, under IC 33-37-5-15. |
| Certified mail for paper filings | The Clerk's list effective January 1, 2025 says the initial cost includes service of two parties at one address each, and additional certified or registered mail requires prepaid, preaddressed certified postage materials bearing the Clerk's return address. |
| Supervised-estate fee guidelines | Form PR00-7, revised April 2025, is a maximum guideline for attorney and fiduciary compensation in supervised estates. It lists $175 for probate of will only, $300 for a small estate settlement procedure, $500 for sale of real estate, $600 for a federal estate tax return basic fee, and a ten percent combined cap on attorney and personal representative fees. The court does not determine fees in an unsupervised estate. |
Timeline
- When letters are ordered issued, file the executed PR00-1 or PR00-2 Instructions to the Personal Representative with the court (LR29-PR00-702.50).
- Within ten days after receiving the instructions form, sign and return one copy to the court.
- Within ten days after an order authorizing a restricted account in place of bond, file the financial institution certification on PR00-5 (LR29-PR00-705.20).
- Within sixty days after appointment in a supervised estate, file the inventory (LR29-PR00-706.10).
- Hamilton County's unsupervised-estate Instructions direct the personal representative not to distribute to any heir or beneficiary until at least three months after the date of first publication of notice.
- Three months and fifteen days after the first published notice to creditors, the fiduciary or attorney examines the filed claims and allows or disallows each one (LR29-PR00-709.10).
- Within one year after letters, Hamilton County's unsupervised-estate Instructions direct the personal representative to file the closing affidavit. If the estate cannot be closed within one year, the personal representative files an intermediate account within thirty days after that year and each year after, or files a statement explaining why the estate is not closed (LR29-PR00-710.10).
Local nuance
Hamilton County-specific considerations
| Local issue | Hamilton County rule |
|---|---|
| Which court gets the estate | The Clerk assigns estate, guardianship and trust cause numbers to Hamilton Superior Court No. 1, No. 2 or No. 3 on an even random basis (LR29-PR00-702.80). The reader files with the Clerk, not directly with a chosen judge. |
| Counsel | No personal representative may proceed without counsel unless the court approves it (LR29-PR00-704.10). |
| Filing cutoff | The Clerk's Office is open until 4:30 in the afternoon, but court filings are taken only until 4 in the afternoon. |
| Bond | Bond is the local starting point before letters issue, with exceptions for will waivers, a fiduciary's share, written requests from heirs or legatees, unsupervised administration and restricted accounts (LR29-PR00-705.10, LR29-PR00-705.20). |
| Nonresident personal representative | A nonresident may either appear or submit an affidavit describing education, employment and lack of felony convictions (LR29-PR00-703.20), in addition to the statutory resident-agent paperwork (IC 29-1-10-1(d)). |
| Supervised-estate inventory | Hamilton County requires the inventory to be filed within sixty days in a supervised estate (LR29-PR00-706.10). |
| Unsupervised closing | The court will not enter an order approving an unsupervised closing statement because the estate closes by operation of law, but the Clerk's Certificate as to Costs and Claims must be filed with the closing statement (LR29-PR00-712.20, LR29-PR00-712.40). |
| Deficient filings | Court personnel do not correct deficient filings, and the Clerk is not required to notify counsel or litigants of a filing deficiency (LR29-TR00-201.70). |
Recent updates
| Update | What changed | Why it matters |
|---|---|---|
| Two new superior courts | Hamilton Superior Court No. 8 and Hamilton Superior Court No. 9 are established January 1, 2027 under IC 33-33-29-2.3. Seven superior courts are operating now. | Estate assignments may be affected if Hamilton County reallocates court work after the new courts begin. The current rule still assigns estate cases to Superior Courts No. 1, No. 2 and No. 3. |
| Proposed local rule amendments | The Hamilton Circuit and Superior Courts published proposed amendments to local rules, including LR29-PR00-702 and LR29-AR00-103. The courts set a comment deadline of August 28, 2026 and said the proposals would be adopted, modified or rejected by September 18, 2026. | Anyone opening an estate after that date should use the county's current local rules. The proposed text carried forward the assignment of EM, ES, EU, GU and TR cases to Superior Courts No. 1, No. 2 and No. 3. |
| Current civil cost list | The Clerk's civil cost list is effective January 1, 2025. It lists supervised and unsupervised estates at $177 under IC 33-37 and lists a will offered for probate or a safety-deposit-box petition as no charge. | The local list confirms the statewide cost structure in the Clerk's own case-type table. |
| Probate forms revised | PR00-1, PR00-2 and PR00-7 carry a revised April 2025 stamp. LR29-TR00-201 is marked amended effective October 18, 2023. | The personal representative instructions and fee guidelines are current enough to check before signing, returning or relying on them. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Hamilton County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | First confirm whether the home passes outside the estate. If the probate estate is small enough for the statewide affidavit route, Hamilton County provides the form and tells families not to file it with the court. If an estate must be opened, Hamilton County's bond rule matters because a spouse who is also an heir or beneficiary may ask for a reduction, written waivers may help, and an unsupervised estate gives the court discretion on bond (LR29-PR00-705.10). | Sunset helps identify accounts, title issues and debts before the spouse decides whether the affidavit route, unsupervised administration or supervised administration is needed. |
| Out-of-state adult child w/ small estate | If the estate fits IC 29-1-8-1 for deaths after June 30, 2022, the Hamilton County small estate affidavit is given to the bank or holder and not filed with the court. If administration is needed, a nonresident personal representative may either appear or submit the local affidavit described in LR29-PR00-703.20, plus the written acceptance and Indiana resident-agent paperwork required by IC 29-1-10-1(d). | Sunset helps the child find accounts, estimate whether the estate stays within the affidavit route and coordinate with a Hamilton County attorney if court authority is needed. |
| Parent settling predeceased child's estate, home must be sold | Real estate pushes the case into careful timing. If a supervised estate seeks sale authority, Hamilton County requires a professional appraisal with the sale petition and a deed signed and notarized before court approval (LR29-PR00-707.10, LR29-PR00-707.30). If the estate is unsupervised, the court will not approve a personal representative's deed (LR29-PR00-707.50). The statewide five-month and seven-month real-property-sale rule should be discussed with counsel (IC 29-1-7-15.1(b)). | Sunset helps assemble the asset list, identify liens or debts and connect the family with a local probate attorney before sale deadlines create pressure. |
Self-help resources
| Resource | How it helps |
|---|---|
| Hamilton County local probate rules https://www.hamiltoncounty.in.gov/210/Probate-Rules | The LR29-PR00 rules cover court assignment, counsel, bond, inventory, claims, accounting, fees and closing. |
| Hamilton County probate forms https://www.hamiltoncounty.in.gov/194/Probate-Rules-Forms | Local forms PR00-1 through PR00-18, including the required personal representative instructions and the supervised-estate fee guidelines. |
| Clerk of the Hamilton Circuit Court https://www.hamiltoncounty.in.gov/345/Clerks-Office | Filing counter, hours, filing cutoff, MyCase link, e-filing link and current civil cost list. |
| Hamilton County Legal Self-Help Center https://www.hamiltoncounty.in.gov/1133/Legal-Self-Help-Center | Attorney-staffed help with eligible court forms, e-filing and referrals at 1 Hamilton County Square, Room 303. It is staffed Monday through Thursday from 10 in the morning until 2 in the afternoon, is not staffed on Friday, applies financial eligibility standards and does not give legal advice. |
| Hamilton County on the Indiana Judicial Branch site https://www.in.gov/courts/local/hamilton-county/ | Current local rules, proposed local rules, judicial district information, court statistics, case search and e-filing links. |
| MyCase https://public.courts.in.gov/mycase/ | Indiana's statewide public case search. Hamilton County estate cases appear as EU, ES or EM. |
| Indiana Legal Help https://indianalegalhelp.org/legal-topic-category/estate-2/ | Coalition for Court Access estate resources, including the small estate affidavit, probate FAQ and small estate FAQ. |
| Indiana Legal Services, Indianapolis office https://www.indianalegalservices.org/ | Free civil legal aid for eligible low-income Hoosiers. The Indianapolis office serves Hamilton County and can decide eligibility and intake. |
| Indiana Free Legal Answers https://indiana.freelegalanswers.org/ | Free confidential answers to civil legal questions from volunteer Indiana attorneys. |
When to hire an attorney
In Hamilton County, counsel is not just a preference for most estates. LR29-PR00-704.10 says no personal representative may proceed without counsel unless the court approves it, and the county's self-representation page warns that people who represent themselves are held to lawyer standards and that court staff cannot give legal advice. The court also publishes maximum fee guidelines for supervised estates, while unsupervised-estate fees are not set by the court. Sunset connects to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families locate accounts, insurance, debts and other assets so they can decide whether Hamilton County estate settlement can use the no-court affidavit route or needs supervised or unsupervised administration.
Generate the probate packet. Sunset organizes the family information, asset list and court details needed for a Hamilton County attorney to prepare the petition, proposed orders and local PR00 forms.
Find a local probate attorney. Hamilton County's LR29-PR00-704.10 means a personal representative needs counsel unless the court approves otherwise. Sunset helps connect families with a vetted attorney who understands the Hamilton Superior Court assignment rule, bond practice and local closing requirements.
Sunset is free for families. Sunset's estate settlement tools are free for families, and the platform helps keep the tasks, documents and next steps organized from asset discovery through closing.
Frequently asked questions
Which court handles probate in Hamilton County?
Hamilton County estate cases are assigned to Hamilton Superior Court No. 1, No. 2 or No. 3 on an even random basis under LR29-PR00-702.80. You file with the Clerk of the Hamilton Circuit Court, and the Clerk assigns the cause number.
Where do I file probate papers in Hamilton County?
File with the Clerk of the Hamilton Circuit Court at 1 Hamilton County Square, Suite 106, Noblesville, IN 46060, or through the Indiana E-Filing System. The Clerk takes court filings Monday through Friday until 4 in the afternoon.
Do I need a lawyer to open an estate in Hamilton County?
For most estates, yes. Hamilton County's LR29-PR00-704.10 says no personal representative may proceed without counsel unless the court approves it.
What does it cost to open an estate in Hamilton County?
The Clerk's cost list effective January 1, 2025 prices a supervised or unsupervised estate at $177 under IC 33-37. A will offered for probate by itself, or a petition to open a safety deposit box, is listed as no charge under IC 33-37-4-7(c).
Can I e-file a probate case in Hamilton County?
Yes. Attorneys file through the Indiana E-Filing System under Ind. Trial Rule 87. Unrepresented litigants may use the system but are not required to do so, and public access terminals are available in clerk offices.
Are there Hamilton County probate forms?
Yes. Hamilton County publishes PR00-1 through PR00-18. For a decedent's estate, PR00-1 or PR00-2 is especially important because the executed personal representative instructions must be filed when letters are ordered issued and returned to the court within ten days.
Can I attend a Hamilton County probate hearing remotely?
Indiana Administrative Rule 14 allows remote non-testimonial hearings at the court's discretion and remote testimonial hearings only for good cause or by agreement. Hamilton County publishes no probate-specific remote rule, but the Hamilton County Legal Self-Help Center helps eligible filers prepare a request to appear by phone or computer. Ask the assigned Superior Court about your hearing.
Can I look up a Hamilton County estate case online?
Yes. Search MyCase at mycase.in.gov by the decedent's name or cause number. Hamilton County estate cases appear as EU, ES or EM, and cause numbers assigned to the estate courts usually begin 29D01, 29D02 or 29D03.
Do I have to travel to Noblesville if I live out of state?
Possibly not. Hamilton County's LR29-PR00-703.20 lets a nonresident proposed personal representative either appear or submit an affidavit describing education, employment and lack of felony convictions. A nonresident also files the written acceptance and Indiana resident-agent paperwork required by IC 29-1-10-1(d).
Does Hamilton County require an inventory?
In a supervised estate, yes. Hamilton County requires the inventory to be filed within sixty days after appointment, signed and verified by the fiduciary and signed by the attorney (LR29-PR00-706.10, LR29-PR00-702.20).
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.