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Miami County, IN Probate Information
Quick facts
| Item | Miami County information |
|---|---|
| Court | Estate matters may be filed in any of Miami County's three courts of record under LR52-AR00-1: Miami Circuit Court, Miami Superior Court I or Miami Superior Court II. |
| Filing office | Clerk of the Miami Circuit Court |
| Courthouse address | Miami County Courthouse, 25 North Broadway, Room 208, Peru, IN 46970 |
| Mailing | Use the clerk's published courthouse address only after confirming current mailing instructions with the clerk. |
| Phone | (765) 472-3901 |
| Fax | (765) 472-1778 |
| Hours | The Miami Circuit Court page lists court hours as 8:00 a.m. to noon and 1:00 p.m. to 4:00 p.m., Monday through Friday, except county holidays. Call before visiting the clerk's counter. |
| Court costs | $177 for a petition for letters testamentary or letters of general administration under IC 33-37, current through the 2026 Legislative Session. The total is $205 if sheriff service is collected, including $28 under IC 33-37-5-15, current through the 2026 Legislative Session. |
| Local forms | Yes. Miami County publishes a Probate Forms page with estate claim, notice, oath, release and letters forms. |
| E-filing | Attorneys file through the Indiana E-Filing System unless exempted. Unrepresented litigants are encouraged, but not required, to use the IEFS under Ind. Trial Rule 87. |
| Case search | Search public estate cases on MyCase at public.courts.in.gov/mycase. |
| Remote appearance | Indiana courts may allow remote non-testimonial hearings at the court's discretion. Testimonial hearings are generally in person unless good cause or agreement supports a remote appearance under Ind. Administrative Rule 14. |
| Website | Miami County Courts: miamicountyin.gov/518/Miami-County-Courts |
Before you begin — know the assets and liabilities
Before you file anything in Miami County, identify the probate assets, debts, known creditors, beneficiary designations, jointly owned property and real estate. The right estate settlement path depends on what is actually in the estate, not just whether there is a will.
Sunset's 2,300-institution asset discovery can help locate accounts before you prepare a Miami County petition, decide whether a small estate affidavit is enough, or ask the clerk which local form should accompany the filing.
Which court handles jurisdiction
Miami County is served from the Miami County Courthouse in Peru. The filing office is the Clerk of the Miami Circuit Court, and the clerk serves the circuit and superior courts in the county under Indiana's clerk statute (IC 33-32-2-1).
Indiana venue for probate of a will and administration of an estate is the county where the decedent was domiciled at death. If the decedent was not domiciled in Indiana, venue may be in an Indiana county where the decedent left property or where estate property later came (IC 29-1-7-1).
Miami County's caseload allocation plan does not assign estate cases to only one court. LR52-AR00-1 says all cases not otherwise assigned may be filed in any of the three named courts, and the county court pages describe estate matters as part of the Circuit Court and Superior Court II caseloads.
The jurisdiction process
- Choose the local starting point. For a Miami County estate, begin with the Clerk of the Miami Circuit Court at the Miami County Courthouse, 25 North Broadway, Room 208, Peru.
- Prepare the petition and local forms. Miami County publishes probate forms for claims, denial of claim, letters of administration, notice of administration, oath of personal representative and release of claim. Use the form that matches the filing you are making, and do not use a small estate affidavit as a court filing.
- File the case in the proper venue. If the decedent was domiciled in Miami County, venue is Miami County under IC 29-1-7-1. Under LR52-AR00-1, estate cases may be filed in any of the three Miami County courts unless the court directs otherwise.
- Pay the required court costs for the filing you are making. A petition for letters testamentary or letters of general administration carries $177 under IC 33-37, current through the 2026 Legislative Session. If sheriff service is collected, the total is $205, including $28 under IC 33-37-5-15, current through the 2026 Legislative Session.
- Use the correct filing method. Attorneys file through the IEFS unless exempted. Unrepresented litigants may use the IEFS or contact the clerk about conventional filing because Ind. Trial Rule 87 encourages, but does not require, e-filing by unrepresented litigants.
- If a will is being filed electronically, follow Ind. Trial Rule 87(E). The filer submits an accurate copy and an affidavit about possession or deposit of the original will, retains the original until the estate is closed and the personal representative is released or the will-contest period has expired, and files the original if ordered or directed by statute.
- After letters issue, publish and serve the notice of administration. Indiana requires publication once each week for two consecutive weeks and filing proof of publication with the clerk within 30 days after publication (IC 29-1-7-7).
- Track creditor and asset deadlines. Claims generally must be filed within three months after first publication or within nine months after death, whichever is earlier, or they are forever barred (IC 29-1-14-1). Inventory duties depend on the administration type and any court order.
- Ask the assigned Miami County court about hearing format. Non-testimonial hearings may be remote at the court's discretion, but testimonial hearings are generally in person unless good cause or agreement supports remote participation under Ind. Administrative Rule 14.
- Administer and close the estate. The personal representative uses the letters testamentary or letters of general administration as authority, gathers assets, pays allowed claims, distributes property, and closes the matter by the Indiana procedure that fits the case. Estate settlement usually ends with a closing statement or final settlement process, depending on the administration path.
Forms and documents
Probate forms in Miami County
Miami County publishes a dedicated Probate Forms page. The listed estate forms include a Claim Form, Denial of Claim Form, Letters of Administration form, Notice of Administration form, Oath of Personal Representative form and Release of Claim Form.
The Miami County form page does not say that each form fits every estate. Match the form to the filing, and ask the clerk or a lawyer before submitting a petition if you are unsure which court, case type or document is required.
Indiana Legal Help also provides the statewide Coalition for Court Access small estate affidavit, CCA-EM-0722-5000. That affidavit is presented to the bank, insurer or other holder of property under IC 29-1-8, not filed with the Miami County court.
Local nuance
Miami County-specific considerations
| Local point | What it means in Miami County |
|---|---|
| Three possible courts | LR52-AR00-1 allows cases not otherwise assigned to be filed in any of the three Miami County courts. Estate matters fall in that catch-all because the plan does not separately assign estates, guardianships, probate or trusts. |
| Same clerk counter | The Clerk of the Miami Circuit Court is the filing office even though the estate may be assigned to the Circuit Court, Superior Court I or Superior Court II. |
| No separate probate rule family | Miami County's current local rules list no LR52-PR00 probate rule family. The page should be read with statewide Indiana probate rules and any order from the assigned court. |
| Local forms exist | Miami County publishes local probate forms, which is useful because Indiana has no statewide court-approved probate petition packet. |
Recent updates
| Update | What changed locally |
|---|---|
| Local rules current as of January 1, 2025 | Miami County's current local rules include the LR52-AR00-1 caseload allocation plan, but no LR52-PR00 probate rule family. |
| Caseload allocation plan effective January 1, 2023 | The plan permits cases not otherwise assigned to be filed in any of Miami County's three courts, which is the local rule that governs estate filings. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Miami County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by separating probate assets from jointly owned property and beneficiary assets. If a Miami County court case is needed, file through the Clerk of the Miami Circuit Court in Peru and expect assignment under LR52-AR00-1. | Sunset helps identify accounts, title clues and debts so the spouse does not open a larger court case than the estate settlement requires. |
| Out-of-state adult child with a small estate | If the estate qualifies under the Indiana small estate affidavit rules for deaths after June 30, 2022, the $100,000 ceiling under IC 29-1-8 may allow assets to be collected without a Miami County court case. If court authority is needed, a nonresident personal representative may need a written acceptance, Indiana resident agent and bond unless the court waives bond in an unsupervised estate (IC 29-1-10-1). | Sunset helps the child find institutions, gather date-of-death balances and generate a packet that matches either the affidavit route or a Miami County court filing. |
| Parent settling predeceased child's estate, home must be sold | If a personal representative must sell Miami County real estate to pay debts or administration costs, Indiana has a five-month petition and seven-month letters timing rule for certain debt-related sales (IC 29-1-7-15.1). File promptly through the clerk and ask the assigned court what sale approval is required. | Sunset helps organize the estate settlement, flag real estate issues 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 |
|---|---|---|
| Miami County Indiana Judicial Branch page | Lists Judicial District 8, current local rules, contact, case search, e-filing and court statistics links. | in.gov/courts/local/miami-county/ |
| Miami County Probate Forms | Local estate forms published by Miami County. | miamicountyin.gov/441/Probate-Forms |
| Miami County Courts | County court pages for the courthouse and local court contact information. | miamicountyin.gov/518/Miami-County-Courts |
| Indiana Legal Help, Estate | Statewide public legal information, the Coalition for Court Access small estate affidavit CCA-EM-0722-5000, and estate FAQs. | indianalegalhelp.org/legal-topic-category/estate-2/ |
| MyCase | Statewide public case search for Indiana public court cases, including estate case types. | public.courts.in.gov/mycase/ |
| Indiana e-filing | Information about the IEFS, provider choices and e-filing guides. | in.gov/courts/efiling/ |
| Indiana Legal Services, Lafayette office | Free civil legal aid for eligible low-income Hoosiers. The Lafayette office serves Miami County. | 8 N 3rd Street, Suite 102, Lafayette, IN 47901. (765) 423-5327. |
| Indiana Free Legal Answers | Online questions answered by volunteer Indiana attorneys for eligible users. | indiana.freelegalanswers.org |
When to hire an attorney
A probate attorney is especially useful in Miami County when the estate includes real estate, contested heirs, creditor problems, an out-of-state personal representative, a bond question, or uncertainty about which local form to use. Sunset connects families with a vetted attorney when the estate settlement needs legal help.
How Sunset helps
Find the accounts and assets. Sunset helps families search across more than 2,300 financial institutions, organize balances and identify which assets may need probate in Miami County.
Generate the probate packet. Sunset turns the information you collect into a county-aware estate settlement packet, including the details needed to work with the Clerk of the Miami Circuit Court and the local probate forms Miami County publishes.
Find a local probate attorney. When a sale, dispute, creditor issue or nonresident personal representative question makes the case more complex, Sunset can connect you with a vetted Indiana probate attorney.
Sunset is free for families. Families can use Sunset to understand the steps, organize documents and move the estate forward without paying Sunset a platform fee.
Frequently asked questions
Where do I file probate in Miami County?
File through the Clerk of the Miami Circuit Court at the Miami County Courthouse, 25 North Broadway, Room 208, Peru. Miami County's LR52-AR00-1 allows estate cases to be filed in any of the three Miami County courts because the plan does not separately assign estates to one court.
Does a Miami County estate go to Circuit Court or Superior Court?
It can be filed in the Miami Circuit Court, Miami Superior Court I or Miami Superior Court II under LR52-AR00-1. The same clerk's office is the starting point, and the assigned court will control later hearings and orders.
Does Miami County have local probate forms?
Yes. Miami County publishes a Probate Forms page with a Claim Form, Denial of Claim Form, Letters of Administration form, Notice of Administration form, Oath of Personal Representative form and Release of Claim Form.
Can I e-file a Miami County probate case?
Yes. Indiana uses the IEFS statewide. Attorneys file electronically unless exempted, while unrepresented litigants are encouraged, but not required, to use e-filing under Ind. Trial Rule 87.
What happens to the original will if the Miami County case is e-filed?
Ind. Trial Rule 87(E) requires a filer submitting a will for probate to e-file an accurate copy and an affidavit about the original. Unless the original has been deposited with the clerk, the filer retains it until the estate is closed and the personal representative is released from liability, or until the will-contest period has expired, whichever is later.
Can I look up a Miami County estate online?
Yes. Search the decedent's name on MyCase at public.courts.in.gov/mycase. Estate case types can appear as EU, ES or EM, and official court records still come from the court maintaining the case.
What court costs apply when I open an estate in Miami County?
A petition for letters testamentary or letters of general administration carries $177 under IC 33-37, current through the 2026 Legislative Session. If sheriff service is collected, the total is $205, including $28 under IC 33-37-5-15, current through the 2026 Legislative Session. Offering a will for probate alone is treated differently under IC 33-37-4-7(c)(3).
Can I appear remotely for a Miami County probate hearing?
Ask the assigned Miami County court. Indiana Administrative Rule 14 allows non-testimonial hearings to be remote at the court's discretion, while testimonial hearings are generally in person unless good cause or the parties' agreement supports remote participation.
Do I have to travel to Peru to handle a Miami County estate?
Not always. Attorneys use the IEFS, unrepresented litigants may use the IEFS, and some steps may be handled by mail or through counsel if the clerk and assigned court allow it. Call (765) 472-3901 before traveling, especially because the Circuit Court page lists a noon to 1:00 p.m. midday closure.
Does Miami County have special local probate rules?
Miami County's current local rules do not include a separate LR52-PR00 probate rule family. The key local rule is LR52-AR00-1, which allows estate cases not otherwise assigned to be filed in any of the three Miami County courts.
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.