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Henry County, IN Probate Information
Quick facts
| Item | Henry County detail |
|---|---|
| Court | Henry Circuit Court, with Henry Circuit Court No. 1, No. 2 and No. 3. The court maintains a probate docket (IC 33-33-33-8). |
| Filing counter | Clerk of the Henry Circuit Court, Henry County Justice Center, 1215 Race Street, Suite 120, New Castle, IN 47362. |
| Mailing | Use the clerk's courthouse address unless the clerk gives a different mailing instruction. |
| Phone | (765) 529-6401. |
| Fax | (765) 521-7046. |
| [email protected] for document requests. | |
| Hours | Monday through Friday, 8 am to 4 pm, Eastern time. |
| Court cost | $177 for a petition for probate of will with issuance of letters or a petition for letters of administration, current for 2026 under Indiana's probate cost statutes (IC 33-37-4-7). Offering a will for probate alone carries no court costs under IC 33-37-4-7(c)(3). |
| Local forms | No Henry County probate packet, estate cover sheet or probate-specific local form is posted on the clerk's page. |
| E-filing | Available through the Indiana E-Filing System. Attorneys must e-file. Unrepresented litigants are encouraged, but not required, to e-file (Ind. Trial Rule 87). |
| Case search | Search by the decedent's name on MyCase at https://public.courts.in.gov/mycase/. Estate case identifiers include EU, ES and EM. |
| Remote appearance | Henry County has no probate-specific local remote appearance rule. Non-testimonial hearings may be remote at the court's discretion, and testimonial hearings are in person unless good cause or agreement supports remote participation (Ind. Administrative Rule 14). |
| Websites | Indiana Judicial Branch county page: https://www.in.gov/courts/local/henry-county/. Henry County Clerk's Office: https://www.henrycounty.in.gov/167/Clerks-Office. |
Before you begin — know the assets and liabilities
Before you file in Henry County, build a clear list of the decedent's assets, debts, heirs, beneficiaries and titled property. The court-cost decision, the need for letters testamentary or letters of general administration, and the division assignment all make more sense once you know what is actually in the estate.
Sunset's estate settlement tools help families search across more than 2,300 financial institutions, organize accounts and liabilities, and generate a probate packet tailored for filing with the Clerk of the Henry Circuit Court in New Castle.
Which court handles jurisdiction
Henry County is served by one courthouse for probate filings, the Henry County Justice Center in New Castle. Henry County constitutes the fifty-third judicial circuit, and the Henry Circuit Court has three numbered divisions (IC 33-33-33-1, IC 33-33-33-8).
Indiana venue for probating a will and administering an estate is the county where the decedent was domiciled at death. If the decedent was domiciled in Henry County, the estate is filed in Henry County (IC 29-1-7-1). Indiana also has one elected Clerk of the Circuit Court per county who serves every court in that county, so the Henry County filing counter is the same even though the circuit court has three divisions (IC 33-32-2-1, IC 33-32-2-2).
The jurisdiction process
- Identify the estate assets, debts, heirs and beneficiaries, and gather the death certificate and the original will if there is one.
- Choose the correct Indiana estate filing. A petition for probate of will with issuance of letters, or a petition for letters of general administration when there is no will, is filed with the Clerk of the Henry Circuit Court in New Castle.
- File at the Clerk of the Circuit Court, Henry County Justice Center, 1215 Race Street, Suite 120, New Castle, or use the Indiana E-Filing System if you are filing electronically. Attorneys must e-file, while unrepresented filers are encouraged but not required to e-file (Ind. Trial Rule 87).
- Pay the court cost that applies to the filing. A petition for probate of will with issuance of letters or a petition for letters of administration carries $177, current for 2026 under IC 33-37-4-7. Offering a will for probate alone carries no court costs under IC 33-37-4-7(c)(3).
- Ask the clerk which Henry Circuit Court division is assigned to the estate. Henry County maintains a statutory probate docket, but the local caseload rule does not identify which numbered division receives a new estate filing (IC 33-33-33-8, LR33-AR00-01).
- After the court appoints a personal representative, obtain letters testamentary or letters of general administration from the clerk under the court seal. Those letters are the proof of authority for banks, title companies and other institutions (IC 29-1-10-1, IC 29-1-10-4).
- Publish and serve the notice of administration. Indiana requires notice to be published once each week for two consecutive weeks, with proof filed with the clerk, and requires service on heirs, devisees, legatees and known creditors as the statute directs (IC 29-1-7-7).
- Administer the estate by collecting assets, preparing the inventory, paying valid claims and expenses, handling any sale or transfer of property, and distributing what remains to the proper distributees.
- Close the estate through the appropriate Indiana closing statement or final settlement path. Sunset can help keep the estate settlement checklist organized from the first asset search through closing.
Forms and documents
Probate forms in Henry County
Henry County does not post a county probate packet, estate cover sheet or probate-specific local form on the Clerk's Office page. The clerk's page points users to statewide court-form and self-help resources instead.
Indiana does not have a statewide court-approved probate form set for full estate administration. Indiana Legal Help publishes the statewide small estate affidavit, CCA-EM-0722-5000, but that form is given to the holder of property and is not filed with the court.
If you are opening a Henry County estate, prepare the petition and supporting documents for filing with the Clerk of the Henry Circuit Court, then ask the clerk which numbered division will handle the case.
Local nuance
Henry County-specific considerations
| Local point | What it means in Henry County |
|---|---|
| One circuit court | Henry County has the Henry Circuit Court with three numbered divisions. The current Indiana Code does not establish a separate Henry County Superior Court (IC 33-33-33-8). |
| Probate docket | The Henry Circuit Court must maintain a probate docket along with other dockets. The statute says judge assignments to dockets are made by circuit court rule, with a fixed small claims and misdemeanor docket for Circuit Court No. 3 (IC 33-33-33-8). |
| Division assignment | The county caseload rule assigns several civil, juvenile, family and small-claims categories, but it does not name estates, probate, guardianships or trusts. Ask the clerk which division is handling a new estate filing (LR33-AR00-01). |
| Local probate rules | Henry County does not publish a dedicated local probate rule family for estate bonds, inventories, accounts or attorney-fee guidelines. Statewide Indiana probate rules control unless the assigned judge orders otherwise. |
| Remote hearings | Henry County has no probate-specific local remote appearance rule. The statewide remote-proceeding rule applies (Ind. Administrative Rule 14). |
Recent updates
| Update | What changed |
|---|---|
| Henry County court structure | The current Indiana Code establishes one Henry Circuit Court with three numbered divisions. Prior superior-court sections for Henry County were repealed by P.L.201-2011, and the current probate docket is part of the Henry Circuit Court structure (IC 33-33-33-8). |
| Clerk hours | The Henry County Clerk's Office posts hours of Monday through Friday, 8 am to 4 pm, which differs from the statewide directory-style 4:30 pm closing time often repeated for Indiana clerks. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start at the Clerk of the Henry Circuit Court at 1215 Race Street, Suite 120, in New Castle. Henry County maintains a statutory probate docket, but the clerk should identify which numbered division is assigned after filing (IC 33-33-33-8). | Sunset searches for accounts and assets, helps sort what is in the estate from what passes outside probate, and assembles the Henry County probate packet. |
| Out-of-state adult child with small estate | A non-resident may serve as an Indiana personal representative by filing the written acceptance, appointing an Indiana resident agent for service, and addressing bond, with possible bond discretion if unsupervised administration is granted (IC 29-1-10-1(d)). The Henry County filing still goes through the New Castle clerk. | Sunset helps the adult child work remotely, organize accounts and debts, prepare the filing packet, and connect with a local probate attorney if resident-agent or bond questions need legal advice. |
| Parent settling predeceased child's estate, home must be sold | Henry County has no local probate rule adding a separate sale packet or appraisal rule. If the home must be sold to pay debts or administration costs, Indiana's five-month petition and seven-month letters rule can matter (IC 29-1-7-15.1(b)). | Sunset helps build the asset and property picture quickly, then connects the parent with a local probate attorney for the sale petition and estate settlement steps. |
Self-help resources
| Resource | How it helps |
|---|---|
| Henry County courts, Indiana Judicial Branch https://www.in.gov/courts/local/henry-county/ | Provides the county's current local rules, Judicial District 15 information, case-search link and e-filing link. |
| Henry County Clerk's Office https://www.henrycounty.in.gov/167/Clerks-Office | Provides the clerk's address, phone, document-request email, hours, and links to local rules and statewide self-help resources. |
| MyCase https://public.courts.in.gov/mycase/ | Search Henry County estate cases by the decedent's name. Estate case identifiers include EU, ES and EM. |
| Indiana Legal Help, estates https://indianalegalhelp.org/legal-topic-category/estate-2/ | Provides Indiana's estate self-help materials, including the statewide small estate affidavit, a probate FAQ and a small estate FAQ. |
| Statewide e-filing, Indiana Judicial Branch https://www.in.gov/courts/efiling/ | Explains the Indiana E-Filing System, certified providers and who must e-file. |
| Indiana Legal Services, Indianapolis office https://www.indianalegalservices.org/locations/ | Provides free civil legal aid for eligible low-income Hoosiers. The Indianapolis office's service area includes Henry County. Address: 1200 Madison Avenue, Suite 300, Indianapolis, IN 46225. Phone: (317) 631-9410. |
When to hire an attorney
A probate attorney is especially useful in Henry County when the estate includes real property, an out-of-state personal representative, disputed heirs or beneficiaries, creditor issues, a sale of a home, or uncertainty about which court division will handle a particular filing. Counsel can also prepare the petition, coordinate notice, address bond and resident-agent questions, and guide the final estate settlement. Sunset connects families to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions so you can identify accounts, balances, debts and property before deciding what to file in Henry County.
Generate the probate packet. Sunset turns the information you enter into an organized probate packet for the Clerk of the Henry Circuit Court, with the will, death certificate, heirs, beneficiaries and asset information in one place.
Find a local probate attorney. If the estate needs legal help, Sunset can connect you with a vetted Indiana probate attorney for questions about letters testamentary, letters of general administration, bond, resident agents, real estate sales or contested issues.
Sunset is free for families. Sunset provides estate settlement guidance, asset discovery and probate organization tools at no cost to families.
Frequently asked questions
Where do I file probate in Henry County, Indiana?
File with the Clerk of the Henry Circuit Court at the Henry County Justice Center, 1215 Race Street, Suite 120, New Castle, IN 47362. Henry County has one circuit court with three numbered divisions, and the clerk can tell you which division is assigned to the estate (IC 33-33-33-8).
Does Henry County have a probate division?
No. Henry County has the Henry Circuit Court, with Henry Circuit Court No. 1, No. 2 and No. 3. The court maintains a statutory probate docket, but it is not a separate local probate division (IC 33-33-33-8).
Which Henry Circuit Court division hears an estate?
Henry County's statute requires a probate docket and says docket assignments are made by circuit court rule. The local caseload rule assigns several categories, but it does not identify estates or probate matters by division. Ask the Clerk of the Henry Circuit Court which division is handling a new estate filing (IC 33-33-33-8, LR33-AR00-01).
Can I e-file a Henry County probate case?
Yes. Indiana uses the Indiana E-Filing System. Attorneys must e-file, and unrepresented litigants are encouraged, but not required, to e-file (Ind. Trial Rule 87). A person filing a will electronically must follow the probate-specific original-will rule in Ind. Trial Rule 87(E).
How much does it cost to open an estate in Henry County?
A petition for probate of will with issuance of letters, or a petition for letters of administration, carries $177, current for 2026 under IC 33-37-4-7. Offering a will for probate alone carries no court costs under IC 33-37-4-7(c)(3).
Are there Henry County probate forms?
Henry County does not post a local probate packet, estate cover sheet or probate-specific local form on the Clerk's Office page. The page links to statewide self-help resources, and Indiana Legal Help provides the statewide small estate affidavit for the situations where that form applies.
Can I look up a Henry County estate online?
Yes. Search the decedent's name on MyCase at https://public.courts.in.gov/mycase/. Henry County estate cases can appear under EU, ES or EM case identifiers.
Can I appear remotely for a Henry County probate hearing?
Henry County has no probate-specific local remote appearance rule. Under Indiana's statewide rule, non-testimonial hearings may be remote at the court's discretion, while testimonial hearings are in person unless there is good cause or the parties agree (Ind. Administrative Rule 14). Ask the assigned division for its current hearing instructions.
Do I have to travel to New Castle if I live outside Indiana?
Not always. Attorneys file through the Indiana E-Filing System, and unrepresented filers may use e-filing if they choose. If a hearing is scheduled, remote participation depends on the assigned division and Ind. Administrative Rule 14. An out-of-state personal representative also needs to address Indiana's resident-agent and bond requirements (IC 29-1-10-1(d)).
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.