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Johnson County, IN Probate Information
Quick facts
| Item | Johnson County detail |
|---|---|
| Court that hears estates | Johnson Superior Court No. 2, under LR41-AR-058(B). |
| Filing office | Clerk of the Johnson Circuit Court, Johnson County Courthouse, 5 East Jefferson Street, Franklin, IN 46131. |
| Mailing address | PO Box 368, Franklin, IN 46131. |
| Clerk phone | (317) 346-4450 for filing and payment questions. |
| Court phone | (317) 346-4420 for Johnson Superior Court No. 2 hearing and case questions. |
| Court email | [email protected]. It is the court's posted address for electronic copies, not a filing channel for an estate. |
| Fax | Fax is not a probate filing route in Johnson County. Call the clerk before sending anything by fax. |
| Hours | Monday through Friday, 8 a.m. to 4:30 p.m., Eastern time. |
| Cost to open an estate | $177 for a supervised or unsupervised estate, current through the 2026 fee manual, including the $120 probate costs fee and IC 33-37 add-ons (IC 33-37-4-7). Offering a will for probate alone carries no court costs fee (IC 33-37-4-7(c)(3)). |
| Local forms | Yes. Johnson Superior Court No. 2 posts Johnson County Probate Form 1 and the Instructions forms for supervised and unsupervised estates. |
| E-filing | Attorneys file through the Indiana E-Filing System under Ind. Trial Rule 87. Unrepresented filers may e-file or file at the clerk's counter. |
| Case search | MyCase at https://public.courts.in.gov/mycase/. Johnson County estate cases appear as EU, ES or EM, and a case in Johnson Superior Court No. 2 begins 41D02. |
| Remote appearance | Ask Johnson Superior Court No. 2 at (317) 346-4420 about a specific hearing. Indiana Administrative Rule 14 lets courts handle non-testimonial hearings remotely at the court's discretion. |
| Website | johnsoncounty.in.gov for the Johnson Superior Court No. 2 page and the Clerk of the Courts page, and https://www.in.gov/courts/local/johnson-county/ for the county's court page and its current local rules. |
Before you begin — know the assets and liabilities
Before filing, identify the probate assets, debts, beneficiary designations, jointly owned property and real estate. In Johnson County, that asset picture affects whether an estate is needed at all, whether supervised or unsupervised administration fits, whether bond is required or a restricted account will work under LR41-PR-084, and whether a supervised sale of a house needs the county's written appraisal or market analysis under LR41-PR-096.
Do that work early. Indiana creditor claims can be forever barred three months after the first published notice or nine months after death, whichever is earlier (IC 29-1-14-1), and Johnson County makes the filer prepare the notices and the List of Notice Recipients while the clerk mails and certifies them (LR41-PR-095). Sunset's 2,300-institution asset discovery helps families find accounts and debts before they open a Johnson County estate.
Which court handles jurisdiction
Use Johnson County when the decedent was domiciled in Johnson County at death (IC 29-1-7-1). If the decedent was not domiciled in Indiana, venue can be in an Indiana county where the decedent left property or where estate property later came (IC 29-1-7-1). Probate of a will and administration of the estate are one proceeding for jurisdiction purposes (IC 29-1-7-2).
One Johnson County filing office serves the whole county. File with the Clerk of the Johnson Circuit Court at the Johnson County Courthouse, 5 East Jefferson Street in Franklin. The case is assigned by local rule to the Johnson Superior Court No. 2, which sits in the Courthouse Annex North at 18 West Jefferson Street.
That Franklin counter serves Greenwood, Franklin, Bargersville, Whiteland, Trafalgar, Edinburgh, Princes Lakes and Nineveh. Greenwood and Franklin have city courts, but city courts do not hear estates, so a Greenwood or Franklin estate still goes through the county clerk and the Johnson Superior Court No. 2. Johnson County is in Judicial District 17 with Hancock and Shelby counties, but that is an administrative grouping, not the estate venue rule.
The jurisdiction process
- Confirm that Johnson County is the right county. The usual Indiana venue is the county where the decedent was domiciled at death (IC 29-1-7-1).
- Choose the route before filing. Some families use the statewide small estate affidavit, which is given to the bank or holder and not filed with a court. Others need summary procedures, unsupervised administration or supervised administration.
- Assemble the Johnson County opening packet. Include the original will if there is one, a certified death certificate, the petition to open the estate, the verified application for appointment or Johnson County Probate Form 1, the proposed letters testamentary or letters of general administration, proposed orders, and self-addressed stamped envelopes required by LR41-PR-088(A) and LR41-PR-088(C)(2).
- File the Instructions to the Personal Representative before appointment. Johnson County requires executed Instructions before the court appoints a personal representative and before letters issue. Use Form 5 for a supervised estate or Form 6 for an unsupervised estate (LR41-PR-091).
- File with the Clerk of the Johnson Circuit Court at 5 East Jefferson Street in Franklin. Attorneys file electronically through the Indiana E-Filing System under Ind. Trial Rule 87. Unrepresented filers may e-file or file at the counter. Johnson County's caseload allocation plan sends all probate cases to the Johnson Superior Court No. 2 (LR41-AR-058(B)).
- Pay the opening cost if administration is being opened. A supervised or unsupervised estate is $177, current through the 2026 fee manual, including the $120 probate costs fee and IC 33-37 add-ons (IC 33-37-4-7). Offering a will for probate alone carries no court costs fee (IC 33-37-4-7(c)(3)). Sheriff service, if requested, is $28 (IC 33-37-5-15).
- Address bond or a restricted account. Johnson County lists three no-bond routes for a domiciliary personal representative, subject to the court's discretion, and also permits a restricted account with the exact no-withdrawal language required by LR41-PR-084.
- Receive appointment and letters. The petitioner does not have to appear before the court to be appointed personal representative (LR41-PR-082(C)). After the court appoints the personal representative, letters testamentary or letters of general administration show authority to act for the estate (IC 29-1-10-4).
- Handle notice the Johnson County way. Prepare the List of Notice Recipients, also called the Clerk's Certificate of Mailing, with heirs, devisees, legatees, creditors and organizations entitled to notice. Give the clerk the notices, copies and certificate so the clerk can mail and certify service. The filer must document completion of notice before asking the court to act (LR41-PR-095).
- Complete the inventory step. In an unsupervised estate, file a verified certification within two months of appointment stating that the inventory has been prepared and is available to a distributee who asks (LR41-PR-092(C)). In a supervised estate, file the inventory and attach written appraisals or evidence of value as exhibits (LR41-PR-092(B)).
- Ask the court about any hearing. If notice of a hearing is required, serve the petition or motion with the notice, and serve the account with notice of a hearing on an account (LR41-PR-095(D)). Ask Johnson Superior Court No. 2 at (317) 346-4420 whether a particular hearing can be handled remotely under Ind. Administrative Rule 14.
- Administer and close the estate. In an unsupervised estate, the personal representative generally acts without returning for approval, but asking the Johnson County court to decide something beyond the usual opening and closing functions converts the estate to supervised administration for all purposes (LR41-PR-100(B)). Closing the estate settlement then follows the applicable Indiana closing statement or final settlement process, plus Johnson County's accounting, report and real estate recording rules.
Executor duties
- File the executed Instructions to the Personal Representative before appointment and before letters issue (LR41-PR-091).
- Tell the court in writing within 30 days if the personal representative's address changes (LR41-PR-083).
- In an unsupervised estate, file the two-month certification that the inventory has been prepared and is available to a distributee who requests it (LR41-PR-092(C)).
- Prepare the List of Notice Recipients and provide the clerk with notices and the Clerk's Certificate of Mailing (LR41-PR-095).
- Keep receipts or proof of payment and make them available to interested persons if the court orders it (LR41-PR-080(B)).
- In a supervised estate, document any payment to yourself with the date, amount and reason (LR41-PR-080(D)(1)).
- Use Johnson County's three-schedule accounting format in a supervised estate. Informal, handwritten or transactional accountings are not accepted (LR41-PR-080(E)).
- Include an heirship affidavit with the account in a supervised intestate estate (LR41-PR-080(E)(3)(d)).
- Send self-addressed stamped envelopes with original pleadings and proposed orders when required by LR41-PR-088(A).
- Certify that pleadings comply with Ind. Trial Rule 5(G) on information excluded from public access, or the filing can be impounded and eventually stricken (LR41-TR-103, LR41-TR-104).
Forms and documents
Probate forms in Johnson County
Johnson County has its own numbered probate forms. The estate-opening forms are posted through the Johnson Superior Court No. 2 page on johnsoncounty.in.gov.
| Form | What it is used for | Local rule |
|---|---|---|
| Johnson County Probate Form 1 | Application for Appointment of Personal Representative. | The verified application should substantially follow Form 1, or the same information may be included in the petition to open the estate (LR41-PR-082(B)). |
| Johnson County Probate Form 5 | Instructions to the Personal Representative of a Supervised Estate. | Executed Instructions must be filed before appointment and before letters issue (LR41-PR-091). |
| Johnson County Probate Form 6 | Instructions to the Personal Representative of an Unsupervised Estate. | Executed Instructions must be filed before appointment and before letters issue (LR41-PR-091). |
The local rules also name other numbered forms, including a restricted-account certification form and a claim form. Ask Johnson Superior Court No. 2 or the clerk for any numbered form that is not posted with the estate-opening forms.
Indiana does not publish a statewide court-approved probate form set. The statewide estate form from Indiana Legal Help is the small estate affidavit CCA-EM-0722-5000, and that affidavit is given to the bank or other holder rather than filed with a court.
Fees
| Item | Amount | Johnson County note |
|---|---|---|
| Open a supervised or unsupervised estate | $177, current through the 2026 fee manual, including the $120 probate costs fee and IC 33-37 add-ons | This is statewide, not county-set (IC 33-37-4-7). Johnson Superior Court No. 2 also prints $177.00 as the current guardianship packet cost at this counter. |
| Offer a will for probate only | No court costs fee, current under IC 33-37-4-7(c)(3) | Do not treat this as the same filing as a petition for letters. |
| Sheriff service, if requested | $28, current under IC 33-37-5-15 | Johnson County's local rules require the party requesting sheriff service to submit the required fee (LR41-TR-113(B)). |
| Microfilm or compact disk copy from the clerk's Microfilm department | $1 per page, posted by the clerk as of August 2026 | The microfilm indexes include Johnson County estates probated from 1830 through 1999. |
Johnson County also has a local attorney and fiduciary fee guideline for supervised estates. LR41-PR-087 adopts Appendix I as a suggested maximum fee schedule, not a minimum, not mandatory and not binding on attorneys or the court. The current local rules amended effective January 1, 2025 carry Appendix I with a 2005 heading, so ask the court or the attorney what the court is applying now.
Appendix I lists suggested maximum attorney-fee percentages for a decedent's estate: 6 percent of gross estate value up to $100,000, 4 percent of the next $200,000, 3 percent of the next $700,000, and 1 percent over $1,000,000. For context, the statewide small estate affidavit route for deaths after June 30, 2022 uses a $100,000 gross probate estate test after liens, encumbrances and reasonable funeral expenses (IC 29-1-8-1). Appendix I also says the combined fees allowed to the personal representative and attorney should not exceed 12 percent of the gross estate. In a supervised estate, fees for fiduciaries and attorneys cannot be paid from the estate without a prior written court order (LR41-PR-087(E)). The court does not rule on fee requests or fee awards in an unsupervised estate under LR41-PR-087.
Timeline
- Within 10 days after an order authorizes a restricted account, file the financial institution's certification and the fiduciary's acceptance of the restriction (LR41-PR-084(B)).
- Within 30 days after a personal representative changes address, tell the court in writing (LR41-PR-083).
- Within two months after appointment in an unsupervised estate, file the verified certification that the inventory has been prepared and is available to a distributee who requests it (LR41-PR-092(C)).
- When a supervised estate petitions to sell real property, the written appraisal or market analysis must have been made within one year of the petition, unless that valuation was already filed with the inventory (LR41-PR-096(B)).
- If a supervised estate cannot close within 12 months, file an intermediate report of account within 30 days after the year ends, stating why the estate remains open, an estimated closing date and any proposed partial distribution (LR41-PR-080(E)(3)(e)).
- Within 90 days after the order approving an account, file any required supplemental report or file a written explanation if it cannot be filed on time (LR41-PR-098).
Local nuance
Johnson County-specific considerations
- Johnson County answers the which-court question in writing. All probate cases, including supervised and unsupervised estates, are filed in the Johnson Superior Court No. 2 (LR41-AR-058(B)).
- The filing counter and courtroom are in different buildings on West and East Jefferson Street in Franklin. File at the clerk's counter at 5 East Jefferson Street. The court that hears the case sits at 18 West Jefferson Street.
- A petitioner does not have to appear before the court to be appointed personal representative (LR41-PR-082(C)).
- The verified application for appointment asks about education, current employment, financial-management experience, prior felony convictions and statutory capacity items (LR41-PR-082(A)).
- The Instructions to the Personal Representative must be filed before appointment and before letters issue (LR41-PR-091).
- Johnson County's restricted-account alternative to bond uses the rule's required language: no principal or interest may be withdrawn without written order of the Johnson Circuit or Superior Court (LR41-PR-084(B)).
- In an unsupervised estate, Johnson County adds a court filing within two months: the certification that the inventory has been prepared and is available (LR41-PR-092(C)).
- Notice runs through the clerk, but the filer prepares the notices, recipient list and copies, and must document completion of notice before asking the court to act (LR41-PR-095).
- If an unsupervised estate asks the court to decide something beyond the usual opening and closing functions, the estate becomes supervised administration for all purposes. That can change the estate settlement strategy (LR41-PR-100(B)).
- All wrongful death settlements must be approved by the court, regardless of the type of estate administration (LR41-PR-101(A)).
- The clerk's Microfilm department indexes Johnson County estates probated from 1830 through 1999, with copies at $1 per page as posted in August 2026.
Recent updates
| Update | What it means for Johnson County |
|---|---|
| Current local rules | The Local Rules of the Johnson County Circuit and Superior Courts were amended effective January 1, 2025. The current version includes the probate rules at LR41-PR-079 through LR41-PR-101 and the caseload allocation plan that sends all probate filings to the Johnson Superior Court No. 2. |
| Caseload allocation plan review | LR41-AR-060 says the Johnson County caseload allocation plan is reviewed in odd-numbered years under Indiana Administrative Rule 1, with changes taking effect on January 1 of the following year. |
| Statewide e-filing rule | Ind. Trial Rule 87 took effect August 1, 2026. Attorneys file through the Indiana E-Filing System, unrepresented filers are encouraged but not required to use it, and Trial Rule 87(E) explains what must accompany an electronically filed will. |
Scenarios
| Situation | Likely Johnson County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by separating jointly owned property and beneficiary assets from probate assets. If an estate is needed, file with the Clerk of the Johnson Circuit Court and the case goes to the Johnson Superior Court No. 2. A will that asks for a domiciliary personal representative to serve without bond, or consent from all heirs or beneficiaries, can support a no-bond request subject to the court's discretion (LR41-PR-084(A)). The surviving spouse's $25,000 allowance, current since 2009, is under IC 29-1-4-1. | Sunset helps identify accounts, debts, beneficiary designations and real estate before the spouse chooses whether administration is needed. |
| Out-of-state adult child with a small estate | For a death after June 30, 2022, the small estate affidavit route reaches a gross probate estate of $100,000 or less after liens, encumbrances and reasonable funeral expenses, and the affidavit is given to the bank or other holder rather than filed with any court (IC 29-1-8-1). If administration is needed, the child does not have to travel to be appointed personal representative (LR41-PR-082(C)), but a nonresident personal representative must address acceptance, a resident agent and bond under Indiana law. | Sunset helps decide whether the affidavit route is enough, prepares the document list and helps the family track the 41D02 case on MyCase if administration is opened. |
| Parent settling predeceased child's estate, home must be sold | Move early because Indiana has timing rules for some real-property sales. If the estate is supervised, Johnson County requires a written appraisal or market analysis by a qualified real estate professional with the petition to sell, made within one year of the petition unless already filed with the inventory (LR41-PR-096). In an unsupervised estate, asking the court to decide a dispute or sale issue beyond opening and closing can convert the estate to supervised administration for all purposes (LR41-PR-100(B)). | Sunset helps organize title, mortgages, debts, court deadlines and attorney introductions before a sale petition or closing statement is prepared. |
Self-help resources
| Resource | Contact | How it helps |
|---|---|---|
| Johnson Superior Court No. 2 | johnsoncounty.in.gov, (317) 346-4420 | The court that hears Johnson County estates. Its page points readers to MyCase, posts Johnson County Probate Forms 1, 5 and 6, and says court staff cannot give legal advice. |
| Clerk of the Johnson Circuit Court | johnsoncounty.in.gov, (317) 346-4450 | The filing counter at 5 East Jefferson Street in Franklin. The clerk also has microfilm indexes for estates probated from 1830 through 1999. |
| Johnson County local rules | https://www.in.gov/courts/local/johnson-county/ | The county court page links to the current local rules, including LR41-AR-058(B) for court assignment and LR41-PR-079 through LR41-PR-101 for probate practice. |
| Johnson County Bar Association free legal clinic | (317) 868-2589 | The Bar Association describes 20-minute phone consultations on the second Wednesday of each month from 4 p.m. to 6:30 p.m. Call to check the next clinic date and whether your question fits. |
| Indiana Legal Services, Indianapolis office | https://www.indianalegalservices.org/locations/ , (317) 631-9410 | Free civil legal aid for eligible low-income Hoosiers. Indiana Legal Services lists Johnson County with its Indianapolis office. |
| Indiana Legal Help, Estate topic | https://indianalegalhelp.org/legal-topic-category/estate-2/ | Coalition for Court Access estate information, the statewide small estate affidavit CCA-EM-0722-5000, probate FAQs and a legal-help finder. |
| MyCase | https://public.courts.in.gov/mycase/ | Statewide public case search. Johnson County estates appear as EU, ES or EM, and cases in Johnson Superior Court No. 2 begin 41D02. |
| Indiana e-filing information | https://www.in.gov/courts/efiling/ | Information on the Indiana E-Filing System, certified providers, user guides and implementation schedule. |
| Indiana Free Legal Answers | https://indiana.freelegalanswers.org/ | Free confidential answers to civil legal questions from volunteer Indiana attorneys. |
When to hire an attorney
Johnson County's rules let a person represent themselves in a civil case and do not require a personal representative to appear before the court to be appointed (LR41-TR-127(A), LR41-PR-082(C)), but a self-represented filer is held to the same procedural rules as an attorney and court staff cannot give legal advice. Counsel is especially useful for supervised-estate accounting, sale of real property, heirship affidavits, nonresident personal representative bond issues, fee petitions and any step that might convert an unsupervised estate into supervised administration under LR41-PR-100(B). Attorneys must also file through the Indiana E-Filing System under Ind. Trial Rule 87. Sunset connects families with a vetted local probate attorney.
How Sunset helps
Find the accounts and assets
Sunset searches across more than 2,300 institutions to help families find bank accounts, investment accounts, insurance, debts and other assets before a Johnson County estate is opened.
Generate the probate packet
Sunset turns the family's information into an organized estate settlement packet, including the asset list, debt list, family information and document checklist a Johnson County filing typically requires.
Find a local probate attorney
When the estate needs legal help, Sunset can connect the family with a vetted Indiana probate attorney who understands Johnson County's Superior Court No. 2 practice and local rules.
Sunset is free for families
Sunset is free for families. The goal is to reduce the paperwork burden, clarify next steps and keep the estate settlement moving without adding another bill.
Frequently asked questions
Where do I file probate in Johnson County?
File with the Clerk of the Johnson Circuit Court at the Johnson County Courthouse, 5 East Jefferson Street, Franklin. Johnson County's caseload allocation plan sends all probate cases to the Johnson Superior Court No. 2, which sits in the Courthouse Annex North at 18 West Jefferson Street (LR41-AR-058(B)).
Which court handles estates in Johnson County?
Johnson Superior Court No. 2 handles estate cases by local rule. Indiana circuit and superior courts have original and concurrent civil jurisdiction, and Johnson County assigns probate filings to Superior Court No. 2 through its caseload allocation plan (IC 33-28-1-2, IC 33-29-1-1.5, LR41-AR-058(B)).
Do I need a lawyer to open an estate in Johnson County?
Johnson County's rules allow self-representation in civil cases and say a petitioner does not have to appear before the court to be appointed personal representative (LR41-TR-127(A), LR41-PR-082(C)). A self-represented filer is still held to the same procedural rules as an attorney, and court staff cannot give legal advice.
Do I have to come to court in Johnson County to be appointed personal representative?
No local appearance is required for that step. LR41-PR-082(C) says a petitioner need not appear before the court to be appointed personal representative.
How much does it cost to open an estate in Johnson County?
A supervised or unsupervised estate costs $177, current through the 2026 fee manual, including the $120 probate costs fee and IC 33-37 add-ons (IC 33-37-4-7). Offering a will for probate alone carries no court costs fee (IC 33-37-4-7(c)(3)). Sheriff service, if requested, is $28 (IC 33-37-5-15).
Are there Johnson County probate forms?
Yes. Johnson Superior Court No. 2 posts Johnson County Probate Form 1, plus Form 5 for supervised-estate instructions and Form 6 for unsupervised-estate instructions. The Instructions form must be filed before appointment and before letters issue (LR41-PR-091).
Can I file a Johnson County estate online?
Attorneys file through the Indiana E-Filing System under Ind. Trial Rule 87. Unrepresented filers are encouraged, but not required, to use the system and may file at the clerk's counter. Trial Rule 87(E) explains what must accompany an electronically filed will, including an affidavit about the original will.
How do I look up a Johnson County estate case?
Search the decedent's name on MyCase at https://public.courts.in.gov/mycase/. Johnson County estate cases appear as EU, ES or EM, and a case in Johnson Superior Court No. 2 begins 41D02. For older estates, the clerk's Microfilm department indexes estates probated from 1830 through 1999 and posts a current August 2026 copy charge of $1 per page.
Can I appear remotely in a Johnson County probate hearing?
Ask Johnson Superior Court No. 2 at (317) 346-4420 about the particular hearing. Indiana Administrative Rule 14 lets a court hold a non-testimonial hearing remotely at the court's discretion, while sworn-testimony hearings are in person unless there is good cause or the parties agree.
Does Johnson County require a bond?
Johnson County lists three no-bond routes for a domiciliary personal representative, subject to the court's discretion: the will requests no bond, all beneficiaries or heirs consent, or a qualified corporate banking fiduciary is serving in a supervised estate (LR41-PR-084(A)). The county also permits a restricted-account alternative with court-required no-withdrawal language and a bank certification filed within 10 days (LR41-PR-084(B)).
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.