Back to Indiana
Kosciusko County, IN Probate Information
Quick facts
| Item | Details |
|---|---|
| Court | Kosciusko Circuit Court and Kosciusko Superior Court No. 1 hear supervised, unsupervised and miscellaneous estate cases under LR43-AR1E-1(10). |
| Filing office | Clerk of the Kosciusko Circuit Court, styled locally as the Clerk of the Circuit and Superior Courts. |
| Courthouse address | Kosciusko County Justice Building, 121 North Lake Street, Warsaw, IN 46580. |
| Mailing | 121 North Lake Street, Warsaw, IN 46580. No separate estate mailing address is published. |
| Phone | Clerk of the Courts: (574) 372-2331. The county also publishes (574) 372-2402 as the main line for Circuit Court and Superior Court No. 1. |
| Fax | Clerk: (574) 372-2338. |
| Hours | Monday through Friday, 8:00 a.m. to 4:30 p.m. Some counter work is handled only until 4:00 p.m., so call before arriving late in the day. |
| Estate opening cost | $177 in 2026 for a supervised or unsupervised estate, made up of the $120 probate costs fee and statutory add-ons (IC 33-37-4-7, IC 33-37-5). Sheriff service, if requested, adds $28 in 2026 (IC 33-37-5-15). |
| Local forms | No local probate packet, local cover sheet or local estate forms are published. The Clerk links to statewide Coalition for Court Access forms. |
| E-filing | Attorneys file through the Indiana E-Filing System. People filing without a lawyer may choose e-filing or may bring documents to the Clerk under Ind. Trial Rule 87(B)(3). |
| Case search | MyCase at https://public.courts.in.gov/mycase/ . Kosciusko estate cases appear as EU, ES or EM, with cause numbers beginning 43C01 or 43D01. |
| Remote appearance | No Kosciusko County estate-specific remote hearing rule is published. Remote attendance is governed by Ind. Administrative Rule 14 and the assigned court's order. |
| Website | Kosciusko County official site at https://www.kcgov.com/ , where the Clerk of the Courts, court information and court cost pages live. |
Before you begin — know the assets and liabilities
Before you file anything in Kosciusko County, make the asset list. If the gross probate estate, less liens, encumbrances and reasonable funeral expenses, is $100,000 or less for a death after June 30, 2022, the small estate affidavit route under IC 29-1-8-1 may avoid a court administration altogether. If a court administration is needed, the same asset list drives whether unsupervised administration is possible, what bond the court may require, and how many certified copies of the letters you will need from the Clerk.
Also list the debts early. Indiana notice and claims deadlines are real: claims are forever barred unless filed within three months after first published notice or nine months after death, whichever is earlier (IC 29-1-14-1). Sunset's asset discovery searches more than 2,300 financial institutions, which can make estate settlement easier before the Kosciusko County case is assigned to the Circuit Court or Superior Court No. 1.
Which court handles jurisdiction
File a Kosciusko County estate when the decedent was domiciled in Kosciusko County at death. Indiana venue is the county of domicile, and for a person not domiciled in Indiana, a county where Indiana property was left or later came after death (IC 29-1-7-1). The proceeding is one in rem proceeding (IC 29-1-7-2).
All filings go through the Clerk of the Kosciusko Circuit Court in the Kosciusko County Justice Building at 121 North Lake Street in Warsaw. One elected Clerk of the Circuit Court serves the Circuit Court and the county's Superior Courts (IC 33-32-2-1). From that one filing office, supervised estates, unsupervised estates, miscellaneous estates and trusts are assigned fifty percent to the Kosciusko Circuit Court and fifty percent to Kosciusko Superior Court No. 1 (LR43-AR1E-1(10), (17)).
Judicial District 5 groups Kosciusko County with Elkhart and Marshall for administration. That district is not a venue rule. A Kosciusko County estate is filed in Kosciusko County, not in another county in the district.
The jurisdiction process
- Decide whether a court administration is needed. If the gross probate estate, less liens, encumbrances and reasonable funeral expenses, is $100,000 or less for a death after June 30, 2022, the small estate affidavit under IC 29-1-8-1 is presented to the bank or other holder after forty-five days and is not filed with the court.
- Prepare the court papers if administration is needed. Use the correct Indiana case type, EU for unsupervised estate, ES for supervised estate or EM for miscellaneous estate. If a will is filed electronically, Ind. Trial Rule 87(E)(1) requires a complete and accurate copy of the will and an affidavit under penalties of perjury addressing who holds the original, that the copy is accurate, that the original will be retained for the required period, and that the original will be filed if ordered.
- File with the Clerk of the Kosciusko Circuit Court at the Kosciusko County Justice Building, 121 North Lake Street, Warsaw. The county's rule says routine court filings are made in the Clerk's Office and left with the Clerk for delivery to the appropriate court (LR43-AR-6(B)). Attorneys file through the Indiana E-Filing System. A person without a lawyer may choose e-filing or may bring the filing to the Clerk (Ind. Trial Rule 87(B)(3)).
- Pay the court costs that apply to the filing. Opening a supervised or unsupervised estate costs $177 in 2026, made up of the $120 probate costs fee and statutory add-ons (IC 33-37-4-7, IC 33-37-5). Offering a will for probate with nothing else needed carries no court costs fee (IC 33-37-4-7(c)(3)). If sheriff service is requested, the $28 service charge applies in 2026 (IC 33-37-5-15).
- Let the county assignment rule place the case. Supervised, unsupervised and miscellaneous estates and trusts are filed fifty percent in the Kosciusko Circuit Court and fifty percent in Kosciusko Superior Court No. 1, in a random manner (LR43-AR1E-1(10), (17)). The cause number shows the assignment: 43C01 for Circuit Court and 43D01 for Superior Court No. 1.
- Receive the authority document after appointment. The court appoints the personal representative, and the Clerk issues letters testamentary or letters of general administration under seal. Those letters are conclusive evidence of the personal representative's authority until superseded or revoked (IC 29-1-10-4). Certified copies from the Clerk cost $1.00 per page and $3.00 per certification as published in August 2026.
- Publish and serve notice. Notice of administration is published once each week for two consecutive weeks in a newspaper of general circulation in the county, proof of publication is filed with the Clerk within thirty days, and notice is served through the e-filing system or by first class mail on heirs, devisees, legatees and known creditors (IC 29-1-7-7). Publication is required for both supervised and unsupervised administration.
- Prepare the inventory. Indiana requires the personal representative to prepare an inventory within two months after appointment in both supervised and unsupervised administration (IC 29-1-12-1, IC 29-1-7.5-3.2). Kosciusko County has no local probate rule that shortens that clock or requires filing the inventory in every estate.
- Handle hearings through the assigned court. Kosciusko County publishes no estate hearing day or filing to hearing window. Ask the assigned court once the cause number is issued. A non-testimonial hearing may be remote if the court allows it, while a hearing with sworn testimony is in person unless there is good cause or the parties agree (Ind. Administrative Rule 14).
- Administer and close the estate. In unsupervised administration, the personal representative may sell, pay and distribute without returning for court approval (IC 29-1-7.5-3), then file a verified closing statement no earlier than three months after the first published notice to creditors (IC 29-1-7.5-4). That closing step is where estate settlement becomes final unless a claim, objection or other proceeding is filed.
Forms and documents
Probate forms in Kosciusko County
Kosciusko County publishes no local probate packet, local estate forms, local cover sheet or local probate appendix. The Clerk's court information page points users to statewide Coalition for Court Access forms instead.
Indiana has no statewide court-approved probate form set for opening every estate. The one statewide estate form is the Coalition for Court Access small estate affidavit, CCA-EM-0722-5000, used for the IC 29-1-8-1 affidavit process. It is presented to the bank or other holder of property and is not filed with the Clerk.
For a will filed electronically, the practical form requirement is statewide Trial Rule 87(E). A filer submits a complete and accurate copy of the will and an affidavit under penalties of perjury covering possession or deposit of the original, accuracy of the copy, retention of the original, and production of the original if ordered by the court.
The local form that may help later is not a probate form. The Clerk publishes a records request form for copies and certified copies from the court file.
Fees
Kosciusko County's local fee information matters most for copies and certifications. As published by the Clerk in August 2026, court records cost $1.00 per page, certification costs $3.00, a chronological case summary costs $1.00, and the Clerk does not accept personal checks for these record requests.
The estate opening amount remains statewide. A supervised or unsupervised estate costs $177 in 2026, which includes the $120 probate costs fee and statutory add-ons (IC 33-37-4-7, IC 33-37-5). The Clerk's own cost list also shows Estates at $177.00. If sheriff service is requested, the Clerk collects $28 in 2026 under IC 33-37-5-15.
Kosciusko County publishes no supervised-estate attorney fee guideline and no local probate fee guideline. Do not treat the Clerk's copy and certification charges as the cost of opening the estate.
Local nuance
Kosciusko County-specific considerations
| Local point | What it means |
|---|---|
| Two-court estate assignment | Supervised, unsupervised and miscellaneous estates and trusts are assigned fifty percent to the Kosciusko Circuit Court and fifty percent to Kosciusko Superior Court No. 1 (LR43-AR1E-1(10), (17)). The filer does not choose the court. |
| One filing counter | Routine filings are made in the Clerk's Office and left with the Clerk for delivery to the appropriate court (LR43-AR-6(B)). |
| Cause number clue | A cause number beginning 43C01 points to the Kosciusko Circuit Court. A cause number beginning 43D01 points to Kosciusko Superior Court No. 1. |
| No local probate rules | The local rules book has no probate rule family, no local inventory filing rule, no local bond default, no local counsel requirement and no local attorney fee guideline. |
| Justice Building, not the administrative courthouse | Probate filings go to 121 North Lake Street in Warsaw. The county administrative courthouse at 100 West Center Street is across the street and is not the filing counter for an estate. |
| Court transfers | A judge in any Kosciusko court may transfer a pending civil case to another court of record in the county with jurisdiction, if the receiving court accepts it (LR43-AR-9). |
| Land sale rule | For a court-ordered judicial sale of land, Kosciusko County requires a qualified title opinion or title insurance policy, with the expense taxed as a cost of sale, unless the court grants relief (LR43-TR64-4). |
| Closure dates | The Clerk publishes courts and Clerk closure dates, including primary and general election days. |
Recent updates
| Update | What changed |
|---|---|
| Local rules effective January 1, 2025 | The current local rules for the Kosciusko Circuit and Superior Courts include the assignment rule that sends estate and trust cases fifty percent to the Kosciusko Circuit Court and fifty percent to Kosciusko Superior Court No. 1. |
| Proposed local rule amendments published May 15, 2026 | The courts published proposed amendments with a stated January 1, 2027 effective date. The proposed civil assignment text leaves the estate and trust assignment fifty-fifty between the same two courts. |
| Trial Rule 87 current August 1, 2026 | Indiana's current e-filing rule keeps attorney e-filing through the Indiana E-Filing System and includes a probate-specific will-copy and original-will affidavit requirement in Ind. Trial Rule 87(E). |
Scenarios
| Persona | Likely Kosciusko County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | If the home passes outside the probate estate, the remaining assets may decide whether a court administration is needed. If administration is opened, file with the Clerk at 121 North Lake Street and the case is assigned to the Kosciusko Circuit Court or Kosciusko Superior Court No. 1 under LR43-AR1E-1(10). The surviving spouse's $25,000 allowance is a statewide right under IC 29-1-4-1 and is claimed by election within the statutory period. | Sunset helps identify accounts, insurance, debts and title issues before the spouse spends money opening an estate. Sunset can also help generate the probate packet and organize the certified copies needed after letters issue. |
| Out-of-state adult child with small estate | If the gross probate estate, less liens, encumbrances and reasonable funeral expenses, is $100,000 or less for a death after June 30, 2022, the IC 29-1-8-1 affidavit route may avoid court after forty-five days. If administration is needed, a nonresident personal representative files an acceptance, appoints an Indiana resident agent and addresses bond under IC 29-1-10-1(d). | Sunset helps determine whether the small estate affidavit is enough, gathers institution information and connects the child with an Indiana attorney if a Warsaw court case is needed. |
| Parent settling predeceased child's estate, home must be sold | File quickly if the personal representative may need to sell real property to pay debts or administration costs, because IC 29-1-7-15.1(b) has five-month and seven-month timing rules. Locally, a court-ordered judicial sale of land triggers Kosciusko County's title opinion or title insurance rule (LR43-TR64-4). An ordinary sale in unsupervised administration is governed by statewide powers, not by that local judicial-sale rule. | Sunset helps build the asset and debt picture, flags the real estate timing issue and connects the family to a probate attorney for the sale, creditor and closing statement work. |
Self-help resources
| Resource | How it helps | Website |
|---|---|---|
| Clerk of the Kosciusko Circuit and Superior Courts | The filing office for every trial court in the county. The Clerk handles court records, new case filings, records requests and certified copies. | https://www.kcgov.com/ |
| Kosciusko County court information | Local rules, local rule notices, closure dates for the courts and the Clerk, and the link to statewide court forms. | https://www.kcgov.com/ |
| Kosciusko County court fees and costs | The Clerk's local cost list for estates, sheriff service, certified court documents and copies. | https://www.kcgov.com/ |
| Kosciusko County page, Indiana Judicial Branch | Judicial District 5 information, current local rules, proposed local rules, case search, e-filing and court statistics. | https://www.in.gov/courts/local/kosciusko-county/ |
| Indiana Legal Help, Estate | Coalition for Court Access estate materials, including the small estate affidavit CCA-EM-0722-5000, probate FAQ, small estate FAQ and legal help finder. | https://indianalegalhelp.org/legal-topic-category/estate-2/ |
| MyCase | Statewide public case search. Kosciusko County estate cases appear as EU, ES or EM, with 43C01 or 43D01 at the start of the cause number. | https://public.courts.in.gov/mycase/ |
| Indiana Legal Services, South Bend office | Free civil legal aid for eligible low income Hoosiers. The South Bend office serves Kosciusko County. It is at 227 South Main Street, Suite 200, South Bend, IN 46601, telephone (574) 234-8121, open Monday through Friday from 8:00 a.m. to noon and from 1:00 p.m. to 4:30 p.m. | https://www.indianalegalservices.org/locations/ |
| Indiana Free Legal Answers | Free confidential answers from volunteer Indiana attorneys. | https://indiana.freelegalanswers.org/ |
| Statewide e-filing | Indiana E-Filing System information, certified providers and user guides. | https://www.in.gov/courts/efiling/ |
When to hire an attorney
Kosciusko County does not publish a local rule requiring counsel for an estate filing, but a lawyer is often practical when the estate is supervised, real property must be sold, a nonresident will serve as personal representative, a claim is disputed, or the family needs to decide between supervised and unsupervised administration. The county's own rules assume attorneys handle many probate filings, and attorneys use the Indiana E-Filing System in these courts. Sunset connects families with a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families identify financial institutions, insurance, retirement accounts, real estate and debts before the Kosciusko County filing is made. That asset map helps decide whether the IC 29-1-8 small estate route is enough or whether a court administration is needed.
Generate the probate packet. Sunset turns the information you gather into an organized estate settlement packet, including the details needed for a petition, notice list and next-step checklist. In Kosciusko County, the packet is filed with the Clerk and then assigned to the Kosciusko Circuit Court or Kosciusko Superior Court No. 1 under the local rule.
Find a local probate attorney. When the estate needs legal help, Sunset can connect the family with a vetted Indiana probate attorney who understands e-filing, letters testamentary, letters of general administration, notices, claims and closing statements.
Sunset is free for families. Sunset helps organize estate settlement at no cost to families, and families choose whether they want attorney help, document support or both.
Frequently asked questions
Where do I file probate in Kosciusko County?
File with the Clerk of the Kosciusko Circuit Court in the Kosciusko County Justice Building, 121 North Lake Street, Warsaw, IN 46580. Do not go to the Kosciusko County Court House at 100 West Center Street for an estate filing.
Which court hears a Kosciusko County estate?
Either the Kosciusko Circuit Court or Kosciusko Superior Court No. 1. The county's case assignment rule sends supervised, unsupervised and miscellaneous estates and trusts fifty percent to each court and says civil cases are filed in a random manner (LR43-AR1E-1(10), (17)).
Can I choose the Kosciusko court for the estate?
No. The assignment is made under the county rule. After filing, the cause number tells you the assigned court: 43C01 means Kosciusko Circuit Court and 43D01 means Kosciusko Superior Court No. 1.
What are the Clerk's hours in Kosciusko County?
The Clerk's office is open Monday through Friday from 8:00 a.m. to 4:30 p.m. Some counter work is handled only until 4:00 p.m., so call before arriving late in the day. The Clerk also publishes closure dates for the courts and Clerk, including election days.
How much does it cost to open an estate in Kosciusko County?
A supervised or unsupervised estate costs $177 in 2026, made up of the $120 probate costs fee and statutory add-ons (IC 33-37-4-7, IC 33-37-5). Offering a will for probate with no other proceeding carries no court costs fee (IC 33-37-4-7(c)(3)). Copies are $1.00 per page and certification is $3.00 as published by the Clerk in August 2026.
Can I file online in Kosciusko County?
Yes. Attorneys file through the Indiana E-Filing System, and Kosciusko County has used e-filing for years. A person filing without a lawyer is encouraged to use the system but may also bring documents to the Clerk under Ind. Trial Rule 87(B)(3).
How do I look up a Kosciusko County estate case?
Search MyCase at mycase.in.gov by the decedent's name or cause number. Estate cases appear as EU, ES or EM. The first part of the cause number shows the assigned court, 43C01 for Circuit Court or 43D01 for Superior Court No. 1.
Are there local probate forms in Kosciusko County?
No. Kosciusko County publishes no local probate forms and no estate packet. The Clerk links to statewide Coalition for Court Access forms. Indiana's small estate affidavit, CCA-EM-0722-5000, is used for the IC 29-1-8-1 affidavit process and is presented to the property holder, not filed with the Clerk.
Can I appear remotely for a Kosciusko County probate hearing?
Possibly, but only if the assigned court allows it. A non-testimonial hearing may be remote on request or on the court's own order, and a hearing with sworn testimony is in person unless there is good cause or the parties agree (Ind. Administrative Rule 14). Kosciusko County publishes no separate estate remote hearing rule.
Do I have to travel to Warsaw?
Not for an attorney e-filed petition. The filing counter and both courts that hear estates are in Warsaw, and whether a hearing can be attended by phone or computer depends on the assigned court's signed order 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.