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Marshall County, IN Probate Information
Quick facts
| Item | Marshall County information |
|---|---|
| Court assignment | EM estate miscellaneous cases go to the Marshall Circuit Court. ES supervised estate and EU unsupervised estate cases are divided equally between the Marshall Circuit Court and Marshall Superior Court No. 1 under LR50-TR81 & AR1(E)-MLR-010. |
| Clerk | Marshall County Clerk of the Circuit Court, 211 W. Madison Street, Plymouth, IN 46563. |
| Circuit Court address | 501 N. Center Street, # 301, Plymouth, IN 46563-1707. |
| Superior Court No. 1 address | 211 W. Madison Street, # 301, Plymouth, IN 46563. |
| Phone | Clerk: (574) 936-8922. Circuit Court: (574) 935-8780. Superior Court No. 1: (574) 935-8740. |
| Fax | (574) 936-8893. |
| Hours | Published schedule: Monday through Friday, 8:00 a.m. to 4:30 p.m. Call the clerk before visiting near opening or closing. |
| Court cost to open an estate | $177 under IC 33-37, current through the 2026 fee schedule. If sheriff service is collected, the total is $205, including the $28 sheriff service charge under IC 33-37-5-15, current through the 2026 fee schedule. Offering a will alone may be court cost exempt under IC 33-37-4-7(c)(3). |
| Local forms | Marshall County local rules do not prescribe decedent estate forms or a decedent estate appendix. Guardianship appendices are separate. |
| E-filing | Indiana uses the IEFS. Attorneys file electronically unless exempted, and unrepresented litigants are encouraged but not required to use e-filing (Ind. Trial Rule 87). |
| Case search | MyCase at mycase.in.gov. Search the decedent's name; estate case types include EU, ES and EM. |
| Remote appearance | Indiana Administrative Rule 14 controls remote proceedings. Marshall County also allows counsel at pretrial conferences to participate by telephone, Zoom, or another remote platform only with specific court permission (LR50-TR16-MLR-04). |
| Websites | Indiana Judicial Branch Marshall County page: https://www.in.gov/courts/local/marshall-county/. County website: https://www.co.marshall.in.us/. |
Before you begin — know the assets and liabilities
Before you file in Marshall County, make a working list of the decedent's probate assets, nonprobate assets, debts, likely creditors, and real estate. That early inventory helps you decide whether the matter should be opened as EU, ES, or EM and helps the clerk route the case under the county's caseload allocation plan.
Sunset's estate settlement tools can help you identify accounts across more than 2,300 financial institutions, organize liabilities, and build a county-ready packet before you contact the Marshall County clerk or a local attorney.
Which court handles jurisdiction
Marshall County probate venue is tied to Indiana's venue rule: a will or estate administration is filed in the Indiana county where the decedent was domiciled at death (IC 29-1-7-1). For a Marshall County resident, filings go through the Marshall County Clerk of the Circuit Court in Plymouth.
Marshall County has four trial courts, but one elected Clerk of the Circuit Court serves the courts for filing purposes (IC 33-32-2-1). Locally, EM estate miscellaneous matters are assigned to the Marshall Circuit Court, while ES supervised estate and EU unsupervised estate matters are divided equally between the Marshall Circuit Court and Marshall Superior Court No. 1 under LR50-TR81 & AR1(E)-MLR-010.
Marshall County is part of Judicial District 5 with Elkhart and Kosciusko counties. That district is an administrative grouping, not a separate probate venue rule.
The jurisdiction process
- Confirm that Marshall County is the correct venue because the decedent was domiciled in Marshall County at death, or because Indiana venue otherwise applies to property left in Indiana (IC 29-1-7-1).
- Identify the case type before filing. EM estate miscellaneous cases go to the Marshall Circuit Court. ES supervised estate and EU unsupervised estate cases are divided between the Marshall Circuit Court and Marshall Superior Court No. 1 under LR50-TR81 & AR1(E)-MLR-010.
- Prepare the petition, death certificate information, will if there is one, proposed personal representative information, heir or beneficiary information, and any required consents or bond materials. Marshall County local rules do not prescribe a separate decedent estate form packet.
- File with the Marshall County Clerk of the Circuit Court at 211 W. Madison Street in Plymouth, or through the IEFS if you are filing electronically. Attorneys use e-filing unless exempted, while unrepresented litigants are encouraged but not required to e-file (Ind. Trial Rule 87).
- Pay the estate opening court cost when a cost applies. The standard estate opening total is $177 under IC 33-37, current through the 2026 fee schedule. If sheriff service is collected, the total is $205, including the $28 sheriff service charge under IC 33-37-5-15, current through the 2026 fee schedule.
- If a will is e-filed, follow the Indiana probate e-filing rule for wills. Trial Rule 87(E) requires a copy of the will and an affidavit about possession or deposit of the original will, and the original must be retained until the estate closes and the personal representative is released from liability, or until the will contest period has expired, whichever is later, unless the court orders otherwise.
- After letters testamentary or letters of general administration issue, publish notice of administration and serve required notices. Indiana requires publication once each week for two consecutive weeks, with proof filed with the clerk within 30 days after publication (IC 29-1-7-7).
- Attend any hearing the assigned court sets. Remote participation is controlled by Ind. Administrative Rule 14. In Marshall County, counsel may participate remotely in pretrial conferences only with specific court permission (LR50-TR16-MLR-04).
- Use the issued letters as proof of authority. Letters issued to a personal representative and attested by the clerk are evidence of the representative's authority until superseded or revoked (IC 29-1-10-4).
- Administer the estate, pay allowed claims, prepare the required inventory on the Indiana timeline, distribute assets, and close the estate. Marshall County local rule LR50-TR54-MLR-08 says an estate may not be closed without proof that court costs have been paid unless the court orders otherwise, so cost proof is part of the local estate settlement checklist.
Forms and documents
Probate forms in Marshall County
Marshall County local rules do not prescribe a dedicated decedent estate probate packet, local estate cover sheet, or decedent estate appendix. The local rules include guardianship materials, but those are not decedent estate forms.
Indiana does not publish a statewide court-approved probate form set for full estate administration. The statewide Coalition for Court Access small estate affidavit, CCA-EM-0722-5000, is for qualifying transfers without administration and is given to the bank or holder, not filed with the court (IC 29-1-8-1, IC 29-1-8-2).
If you are opening an estate in Marshall County, ask the clerk what the assigned court wants for the petition, proposed order, proposed letters testamentary or letters of general administration, bond materials, and notice documents.
Local nuance
Marshall County-specific considerations
| Local point | What it means |
|---|---|
| Estate case assignment is split | Marshall County does not send every estate case to one court. EM matters go to the Marshall Circuit Court, while ES and EU matters are divided between the Circuit Court and Superior Court No. 1 (LR50-TR81 & AR1(E)-MLR-010). |
| No decedent estate PR00 rule | Marshall County's only PR00 local rule addresses guardianships. The local rules do not add a decedent estate counsel requirement, bond rule, or inventory filing rule. |
| Costs must be cleared before closing | LR50-TR54-MLR-08 states that no estate may be closed without proof that the costs of the action have been paid, unless the court orders otherwise. |
| Remote pretrial participation needs permission | For pretrial conferences, counsel must personally appear unless the court gives specific permission to participate by telephone, Zoom, or another remote platform (LR50-TR16-MLR-04). Other remote hearing questions are governed by Ind. Administrative Rule 14. |
Recent updates
| Date | Local update |
|---|---|
| January 1, 2026 | Marshall County's Local Caseload Allocation Plan became effective. It assigns EM estate miscellaneous case types to the Marshall Circuit Court and divides ES supervised estate and EU unsupervised estate case types between the Marshall Circuit Court and Marshall Superior Court No. 1 (LR50-TR81 & AR1(E)-MLR-010). |
Scenarios
| Scenario | Likely Marshall County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by separating jointly owned property and beneficiary assets from probate assets. If an estate must be opened, file with the Marshall County clerk in Plymouth and expect the case type to determine whether the matter is routed as EU, ES, or EM under the local caseload rule. | Sunset helps organize the asset list, identify accounts, and prepare an estate settlement packet for the clerk or attorney. |
| Out-of-state adult child with small estate | If the estate qualifies for Indiana's small estate affidavit route, the statewide affidavit may be used after the statutory waiting period and is presented to the holder, not filed at the courthouse (IC 29-1-8-1, CCA-EM-0722-5000). If a court case is needed, a nonresident personal representative may serve by filing the required acceptance, resident agent notice, and bond unless the court waives bond in an unsupervised estate (IC 29-1-10-1). | Sunset helps gather account information, generate a task list, and connect you with local help if the holder will not release funds or a court case becomes necessary. |
| Parent settling predeceased child's estate, home must be sold | Real estate usually makes timing and authority more important. File with the Marshall County clerk, determine whether the case should be ES or EU, and watch Indiana's timing rule for using estate administration to sell real property to pay debts or administration costs (IC 29-1-7-15.1). | Sunset helps identify mortgages, liens, accounts, and sale-related documents so the estate settlement can move from opening to closing with fewer surprises. |
Self-help resources
| Resource | How it helps | Link or contact |
|---|---|---|
| Indiana Judicial Branch, Marshall County page | Local court rules, judicial district information, court contacts, case search link, and e-filing link. | https://www.in.gov/courts/local/marshall-county/ |
| Marshall County website | County government site for local offices and staff directory information. | https://www.co.marshall.in.us/ |
| Marshall County Clerk | Filing counter for estate matters in Plymouth. | (574) 936-8922 |
| MyCase | Statewide public case search for estate matters listed as EU, ES, or EM. | https://public.courts.in.gov/mycase/ |
| Indiana Legal Help, Estate | Coalition for Court Access estate resources, including the small estate affidavit CCA-EM-0722-5000 and probate FAQs. | https://indianalegalhelp.org/legal-topic-category/estate-2/ |
| Indiana Judicial Branch Self-Service Legal Center | General self-representation information. It does not have a probate section. | https://www.in.gov/courts/selfservice/ |
| Indiana e-filing | IEFS information, provider list, and filing guidance. | https://www.in.gov/courts/efiling/ |
| Indiana Legal Services, South Bend office | Free civil legal aid for eligible low-income Hoosiers. The South Bend office serves Marshall County. | 227 South Main Street, Suite 200, South Bend, IN 46601. (574) 234-8121. https://www.indianalegalservices.org/locations/ |
| Indiana Free Legal Answers | Online questions answered by volunteer Indiana attorneys for eligible users. | https://indiana.freelegalanswers.org/ |
When to hire an attorney
A probate attorney is especially useful in Marshall County when you are unsure whether to file ES, EU, or EM, when the estate includes real estate, when creditors or family members may object, when a nonresident personal representative needs a resident agent and bond analysis, or when you want help navigating the split between the Marshall Circuit Court and Superior Court No. 1. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families search across more than 2,300 financial institutions, organize account information, and build a clearer picture of what belongs in the probate estate before filing in Marshall County.
Generate the probate packet. Sunset turns the information you gather into an organized estate settlement packet, including the details a personal representative and attorney typically need for an Indiana estate filing.
Find a local probate attorney. If the estate needs legal help, Sunset can connect you with a probate attorney who understands Indiana procedure and Marshall County's local court assignment rules.
Sunset is free for families. Families can use Sunset to organize the estate, track next steps, and move through estate settlement without paying Sunset for access to the core service.
Frequently asked questions
Where do I file probate in Marshall County?
File with the Marshall County Clerk of the Circuit Court at 211 W. Madison Street in Plymouth. The clerk processes filings for the county's courts, and the local caseload plan determines whether the estate matter is handled by the Marshall Circuit Court or divided between the Circuit Court and Marshall Superior Court No. 1.
Which Marshall County court hears an estate case?
It depends on the estate case type. EM estate miscellaneous cases are assigned to the Marshall Circuit Court. ES supervised estate and EU unsupervised estate cases are divided equally between the Marshall Circuit Court and Marshall Superior Court No. 1 under LR50-TR81 & AR1(E)-MLR-010.
Does Marshall County have local probate forms?
Marshall County local rules do not prescribe a dedicated decedent estate form packet or decedent estate appendix. Ask the clerk what the assigned court wants with the petition, proposed order, proposed letters, notice documents, and any bond materials.
Can I e-file a Marshall County estate case?
Yes. Indiana estate case types can be filed through the IEFS. Attorneys file electronically unless exempted, while unrepresented litigants are encouraged but not required to e-file (Ind. Trial Rule 87).
What happens to the original will if I e-file in Marshall County?
Indiana 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 person filing must retain the original until the estate is closed and the personal representative is released from liability, or the will contest period has expired, whichever is later, unless the court orders otherwise.
Can I look up a Marshall County estate online?
Yes. Search the decedent's name on MyCase at mycase.in.gov. Public estate matters appear under Indiana estate case types such as EU, ES, and EM.
Are remote probate hearings allowed in Marshall County?
Indiana Administrative Rule 14 allows courts to conduct non-testimonial proceedings remotely at the court's discretion and allows testimonial proceedings remotely only for good cause or by agreement. Marshall County's local rule for pretrial conferences says counsel must personally appear unless the court gives specific permission to participate by telephone, Zoom, or another remote platform (LR50-TR16-MLR-04).
How much does it cost to open an estate in Marshall County?
The statewide estate opening court cost is $177 under IC 33-37, current through the 2026 fee schedule. If sheriff service is collected, the total is $205, including the $28 sheriff service charge under IC 33-37-5-15, current through the 2026 fee schedule. Offering a will alone may be court cost exempt under IC 33-37-4-7(c)(3).
Do I have to travel to Plymouth to handle a Marshall County estate?
Not always. Attorneys use the IEFS, and unrepresented litigants may choose to e-file. Some hearings or conferences may be handled remotely if the court allows it under Indiana Administrative Rule 14 and any applicable local order, but you should call the clerk or the assigned court before assuming you can appear remotely.
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.