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Martin County, IN Probate Information
Quick facts
| Item | Martin County information |
|---|---|
| Court | Martin Circuit Court |
| Filing counter | Martin County Clerk's Office, Martin County Courthouse, 129 Main Street, Shoals, IN 47581 |
| Court location | Martin Circuit Court, 111 Main St. Annex, Shoals, IN 47581 |
| Mailing address | Martin County Clerk's Office, PO Box 120, Shoals, IN 47581 |
| Clerk phone | (812) 247-3651 |
| Clerk fax | (812) 247-2791 |
| Hours | Monday through Friday, 8:00 a.m. to 4:00 p.m., Eastern time |
| Estate opening cost | $177 under IC 33-37, current through the 2026 Legislative Session. Sheriff service, when requested, is $28 under IC 33-37-5-15, current through the 2026 Legislative Session. |
| Local forms | No downloadable Martin County probate packet is published in the local rules. The clerk's office lists a Small Estate Affidavit form among forms kept by the office. |
| E-filing | Attorney filings go through the Indiana E-Filing System, or IEFS, unless an exception applies. Self-represented filers are encouraged, but not required, to use IEFS (Ind. Trial Rule 87). |
| Case search | Search public estate cases on MyCase at https://public.courts.in.gov/mycase/. |
| Remote appearance | No Martin County probate-specific remote rule is published in the local rules. Indiana courts may conduct non-testimonial hearings remotely at the court's discretion, and testimonial hearings are in person unless good cause or party agreement supports a remote appearance (Ind. Administrative Rule 14). |
| Websites | Clerk: https://www.in.gov/counties/martin/government/clerk. Indiana Judicial Branch Martin County page: https://www.in.gov/courts/local/martin-county/. |
Before you begin — know the assets and liabilities
Before you file in Martin County, make a working list of the decedent's probate assets, debts, real estate, account holders, and possible beneficiaries. The right starting point often depends on whether you need court authority, whether a will exists, whether creditors are likely, and whether a house must be sold.
Sunset's estate settlement platform helps families organize this first pass with asset discovery across more than 2,300 financial institutions, then uses what is found to help prepare the local probate path for Martin County.
Which court handles jurisdiction
Martin County constitutes the ninetieth judicial circuit (IC 33-33-51-1). The county has one trial court, the Martin Circuit Court, and no superior court, so Martin County estates are filed through the Clerk of the Circuit Court for assignment to that court. The Clerk of the Circuit Court serves the circuit court and any other county trial court office that may exist under Indiana law (IC 33-32-2-1).
Venue for probating a will and administering an estate is the Indiana county where the decedent was domiciled at death (IC 29-1-7-1). If the decedent was domiciled in Martin County, the filing counter is the Martin County Clerk's Office at 129 Main Street in Shoals, even though the Martin Circuit Court itself sits at 111 Main St. Annex.
The jurisdiction process
- Identify the local court and filing counter. In Martin County, file estate papers with the Martin County Clerk's Office at the courthouse, 129 Main Street in Shoals, for the Martin Circuit Court.
- Choose the correct Indiana estate path. If court authority is needed, prepare a petition for probate of will and issuance of letters testamentary, or a petition for letters of general administration. If only a small estate affidavit fits, that affidavit is presented to the asset holder and is not filed with the court (IC 29-1-8-1).
- File through the required channel. Attorney filings use IEFS unless an exception applies. A self-represented person may use IEFS but is not required to do so under Ind. Trial Rule 87.
- Pay the court costs that apply to the filing. The clerk's posted estate opening cost is $177 under IC 33-37, current through the 2026 Legislative Session. If sheriff service is requested, the statewide sheriff service charge is $28 under IC 33-37-5-15, current through the 2026 Legislative Session.
- Handle notice. After letters issue, Indiana requires notice of administration to be published and served as directed by statute, and proof of publication is filed with the clerk (IC 29-1-7-7).
- Watch for hearing instructions. Martin County has no published probate hearing day in the local rules, so use the notice or order from the court and call the clerk if the time, location, or appearance method is unclear.
- Ask about remote appearance when a hearing is set. Indiana allows non-testimonial remote proceedings at the court's discretion, while testimonial proceedings are in person unless good cause or agreement supports remote participation (Ind. Administrative Rule 14).
- Obtain authority. When the court appoints a personal representative, letters testamentary or letters of general administration are issued as evidence of authority to act for the estate (IC 29-1-10-1, IC 29-1-10-4).
- Administer and close the estate. The personal representative gathers assets, prepares the inventory required by Indiana law, pays allowed claims, distributes property, and closes the estate through the applicable closing statement or final settlement process. This is the stage where estate settlement work becomes a checklist of assets, creditors, transfers, and receipts.
Forms and documents
Probate forms in Martin County
Martin County does not publish a dedicated downloadable probate packet in its local rules. The clerk's office lists a Small Estate Affidavit form among forms available from the office, but the page does not provide a direct download or state whether that form is the Coalition for Court Access form or a local version.
Indiana Legal Help publishes the statewide small estate affidavit, CCA-EM-0722-5000. That affidavit is for a gross probate estate within the IC 29-1-8 limit of $100,000 for deaths after June 30, 2022, and it is given to the bank, insurer, transfer agent, or other asset holder. It is not filed with the Martin County Clerk.
For a full estate case, expect to prepare the petition, proposed order, will copy if there is a will, proposed letters testamentary or letters of general administration, and any consents or bond materials required by Indiana law and the court's order. Because Martin County has no local PR00 probate rule family, the local rules do not add a Martin-specific probate cover sheet or appendix.
Fees
| Charge | Amount and context |
|---|---|
| Estate opening cost | $177 under IC 33-37, current through the 2026 Legislative Session, as also listed on the Martin County Clerk's fee schedule. |
| Sheriff service | $28 under IC 33-37-5-15, current through the 2026 Legislative Session, when sheriff service is requested. |
| Post-judgment sheriff service | $28 under IC 33-37-5-15, current through the 2026 Legislative Session, as listed on the clerk's schedule. |
| Copies | $1 per page, Martin County Clerk schedule posted August 2026. |
| Certification | $3 each, Martin County Clerk schedule posted August 2026. |
Local nuance
Martin County-specific considerations
| Local point | What it means for a Martin County estate |
|---|---|
| One trial court | Martin County has no superior court. Estate filings go through the Martin County Clerk for the Martin Circuit Court. |
| Two nearby addresses | The filing counter is at the courthouse, 129 Main Street. The Martin Circuit Court sits at 111 Main St. Annex. |
| No local PR00 probate rules | The local rules do not add Martin-specific probate inventory, bond, counsel, form, or real-estate-sale requirements. |
| Shorter clerk day than many expect | The clerk's posted public hours are Monday through Friday, 8:00 a.m. to 4:00 p.m., Eastern time. |
Recent updates
Scenarios
| Situation | Martin County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by separating non-probate property from assets that need court authority. If an estate must be opened, file through the Martin County Clerk's Office at 129 Main Street in Shoals for the Martin Circuit Court. The clerk's posted estate opening cost is $177 under IC 33-37, current through the 2026 Legislative Session. | Sunset helps identify accounts, debts, beneficiary assets, and real estate issues so the spouse can see whether a court estate is needed before starting the filing. |
| Out-of-state adult child w/ small estate | If the Indiana small estate affidavit path fits, the affidavit goes to the asset holder rather than the court. If a personal representative is needed, a nonresident may serve by filing a written acceptance, appointing an Indiana resident agent, and addressing bond under IC 29-1-10-1(d). | Sunset helps gather account information, organize the small-estate decision, and prepare for certified copies. Martin County copies are $1 per page and certifications are $3 each as posted August 2026. |
| Parent settling predeceased child's estate, home must be sold | Martin County has no local rule adding a real-estate appraisal or inventory-filing requirement. Use the statewide timing rules, including the inventory preparation duty and the five-month petition and seven-month letters timing that can matter when estate real property must be sold to pay debts or administration costs (IC 29-1-7-15.1(b)). | Sunset helps build the asset and debt picture, flag real estate questions early, and connect the parent with a local probate attorney when a sale or creditor issue makes counsel important. |
Self-help resources
| Resource | How it helps | Link or contact |
|---|---|---|
| Indiana Judicial Branch, Martin County page | County court page with local rules, case search, e-filing links, and court information. | https://www.in.gov/courts/local/martin-county/ |
| Martin County Clerk | Local filing counter, hours, contact information, fee schedule, and list of forms kept by the office. | https://www.in.gov/counties/martin/government/clerk, (812) 247-3651 |
| Indiana Legal Help, Estate | Estate topic page with the small estate affidavit CCA-EM-0722-5000, Probate FAQ, and Small Estate FAQ. | https://indianalegalhelp.org/legal-topic-category/estate-2/ |
| MyCase | Statewide public case search for Indiana cases, including public estate case types EU, ES, and EM. | https://public.courts.in.gov/mycase/ |
| Indiana e-filing | Information on IEFS and certified e-filing service providers. | https://www.in.gov/courts/efiling/ |
| Indiana Legal Services, Evansville office | Free civil legal aid intake for eligible low-income Hoosiers in Martin County and other listed counties served by that office. | 915 Main Street, Suite 201, Evansville, IN 47708, (812) 426-1295 |
| Indiana Free Legal Answers | Online question-and-answer service with volunteer Indiana attorneys. | https://indiana.freelegalanswers.org/ |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset helps families identify accounts, insurance, benefits, real estate, and debts before choosing the Martin County estate settlement path. That early inventory makes it easier to decide whether a court estate, a small estate affidavit, or attorney help is the right next step.
Generate the probate packet. Sunset uses the information you provide to organize the documents and next steps for an Indiana estate filing through the Martin County Clerk's Office, including the local court, clerk address, and filing method.
Find a local probate attorney. When the estate involves real estate, creditors, disputes, a nonresident personal representative, or supervised administration, Sunset can connect the family with a vetted Indiana probate attorney who understands Martin County practice.
Sunset is free for families. Sunset gives families a guided estate settlement workspace, document organization, asset discovery, and attorney matching without charging families to get started.
Frequently asked questions
Where do I file to probate a will in Martin County?
File with the Martin County Clerk's Office at the Martin County Courthouse, 129 Main Street, Shoals, IN 47581. The estate is handled by the Martin Circuit Court, which sits at 111 Main St. Annex.
What are the Martin County Clerk's hours?
The clerk's posted hours are Monday through Friday, 8:00 a.m. to 4:00 p.m., Eastern time.
What does it cost to open an estate in Martin County?
The clerk's posted estate opening cost is $177 under IC 33-37, current through the 2026 Legislative Session. If sheriff service is requested, the sheriff service charge is $28 under IC 33-37-5-15, current through the 2026 Legislative Session. Offering a will for probate alone, without additional proceedings, is treated differently under IC 33-37-4-7(c)(3).
Can I look up a Martin County estate case online?
Yes. Search the decedent's name on MyCase at https://public.courts.in.gov/mycase/. Public Indiana estate cases appear under estate case types such as EU, ES, and EM.
Does Martin County have its own probate forms?
Martin County does not publish a dedicated downloadable probate packet in its local rules. The clerk's office lists a Small Estate Affidavit form among forms available from the office, and Indiana Legal Help publishes the statewide CCA-EM-0722-5000 affidavit for qualifying small estates.
Do I have to e-file a Martin County probate case?
Attorney filings go through IEFS unless an exception applies. Self-represented filers may use IEFS, but Ind. Trial Rule 87 says unrepresented litigants are encouraged, not required, to file through IEFS.
Will I have to appear in person at the Martin County courthouse?
It depends on whether the court sets a hearing and what kind of hearing it is. No Martin County probate-specific remote rule is published in the local rules. Under Ind. Administrative Rule 14, a non-testimonial hearing may be remote at the court's discretion, while a testimonial hearing is in person unless good cause or agreement supports remote participation.
Do I have to travel to Shoals if I live out of state?
Not always. Some filings may be handled through IEFS or by counsel, and some hearings may be remote if the court allows it under Ind. Administrative Rule 14. If you are asking to serve as a nonresident personal representative, Indiana requires a written acceptance, an Indiana resident agent for service, and bond unless the court waives or changes the bond in an unsupervised estate (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.