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Montgomery County, IN Probate Information
Quick facts
| Item | Montgomery County details |
|---|---|
| Court assigned to probate | Montgomery Superior Court 2 handles all probate actions or proceedings under the county's civil case assignment rule (LR54-AR00-1). |
| Filing counter | Clerk of the Circuit Court, Montgomery County Courthouse, 100 East Main Street, Crawfordsville, IN 47933. |
| Clerk phone | (765) 364-6430 for filing, records and copies. |
| Superior Court 2 phone | (765) 364-6455 for hearing questions in the court assigned to probate. |
| Fax | (765) 364-6355. |
| Hours | Monday through Friday, 8 a.m. to 4:30 p.m., legal holidays excluded. |
| Filing cost | A petition for letters generally carries $177 under IC 33-37, current through 2026. IC 33-37-4-7(c) treats offering a will alone and certain other probate filings as exempt actions. |
| Local probate forms | No Montgomery County probate or estate forms are listed on the county's Court Forms page. |
| E-filing | Indiana e-filing is available statewide through the IEFS. Attorneys file electronically unless exempted. Unrepresented litigants are encouraged, but not required, to use e-filing (Ind. Trial Rule 87). |
| Case search | Search estate cases by the decedent's name on MyCase at mycase.in.gov. Estate case types include EU, ES and EM. |
| Remote appearance | Indiana courts may conduct non-testimonial hearings remotely at the court's discretion. Testimonial hearings are in person unless the court finds good cause or the parties agree (Ind. Administrative Rule 14). |
| Website | Montgomery County Judicial page and the Indiana Judicial Branch Montgomery County local court page. |
Before you begin — know the assets and liabilities
Before you file in Montgomery County, list the decedent's assets, debts, account holders, beneficiaries and real estate. Indiana venue depends on the decedent's domicile at death, and Montgomery County filing belongs at the Crawfordsville courthouse when the decedent was domiciled in Montgomery County (IC 29-1-7-1).
Asset discovery often determines whether a full court administration is needed or whether a simpler state procedure may fit. Sunset's 2,300-institution asset discovery helps families identify accounts and liabilities early, so the estate settlement plan matches the actual estate instead of guesswork.
Which court handles jurisdiction
The Montgomery County Courthouse in Crawfordsville serves Montgomery County probate filings. Montgomery County constitutes the twenty-second judicial circuit, and Indiana law establishes two Montgomery superior courts, including Montgomery Superior Court 2 (IC 33-33-54-1, IC 33-33-54-2).
The county's local assignment rule sends all probate actions or proceedings to Montgomery Superior Court 2 (LR54-AR00-1). That is a local case assignment rule, not a statement that other Indiana trial courts lack probate jurisdiction. Indiana circuit courts and standard superior courts have original and concurrent civil jurisdiction (IC 33-28-1-2, IC 33-29-1-1.5). The elected Clerk of the Circuit Court serves as clerk for the county's circuit and superior courts (IC 33-32-2-1).
Venue for an Indiana 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).
The jurisdiction process
- Identify the correct Montgomery County path. Confirm that the decedent was domiciled in Montgomery County or left property that gives Montgomery County venue under IC 29-1-7-1. Determine whether the filing is an unsupervised estate, supervised estate, will-only filing, or another probate matter.
- Prepare the petition and supporting documents. Indiana does not publish a statewide court-approved probate form set, and Montgomery County does not list local probate forms. Include the will if there is one, death information, interested persons, the requested personal representative, and any consents or bond information that apply.
- File with the Montgomery County Clerk in Crawfordsville. File at the Clerk of the Circuit Court for assignment to Montgomery Superior Court 2 under LR54-AR00-1. Attorneys file through the IEFS unless exempted. Unrepresented litigants may use the IEFS or ask the clerk about conventional filing under Ind. Trial Rule 87.
- Handle the filing cost and any service needs. A petition for letters generally carries $177 under IC 33-37, current through 2026. If sheriff service is requested, Indiana's service of process fee is $28 under IC 33-37-5-15, current through 2026.
- Follow the will and e-filing rule. If a will is e-filed, Ind. Trial Rule 87(E) requires an accurate copy and an affidavit about the original will. The filer must retain the original will unless it has been deposited with the clerk, until the estate is closed and the personal representative is released from liability, or the will-contest period has expired, whichever is later.
- Give notice after letters issue. After letters testamentary or letters of general administration are issued, Indiana requires publication of notice of administration and service on required persons. Claims are tied to the statutory notice and claims rules (IC 29-1-7-7, IC 29-1-14-1).
- Attend any required hearing or order setting. Montgomery County does not publish a probate-specific remote appearance rule. Non-testimonial hearings may be remote at the court's discretion, and testimonial hearings are in person unless good cause or agreement supports a remote proceeding (Ind. Administrative Rule 14).
- Use the issued authority document. Once the court appoints a personal representative, letters testamentary or letters of general administration are the evidence of authority to collect probate assets and act for the estate (IC 29-1-10-1, IC 29-1-10-4).
- Administer and close the estate. Prepare the inventory, pay valid claims and expenses, distribute assets, and close by the appropriate Indiana closing statement or final settlement process. Estate settlement in an unsupervised administration cannot close earlier than the statewide statutory timing tied to first published notice (IC 29-1-7.5-4).
Forms and documents
Probate forms in Montgomery County
Montgomery County's Court Forms page lists small claims and civil forms, but it does not list a probate or estate form. The county's local rules also do not include an LR54-PR probate forms section.
Indiana does not have a statewide court-approved probate packet for opening an estate. The one statewide estate self-help form identified by Indiana Legal Help is the small estate affidavit, CCA-EM-0722-5000, which is given to the bank or other holder of property when the state small-estate rules fit. It is not filed with Montgomery Superior Court 2.
| Form category | Montgomery County status | Practical step |
|---|---|---|
| Local probate packet | No local Montgomery County probate packet is listed. | Prepare the petition and supporting documents for the specific estate, or work with counsel. |
| Local probate cover sheet | No Montgomery County probate cover sheet is listed. | Ask the clerk whether any current local intake sheet is required before filing. |
| Small estate affidavit | Statewide Indiana Legal Help form, not a local court filing. | Use only if the estate fits the statewide IC 29-1-8 small-estate procedure. |
| Virtual appearance form | The county links to Indiana Legal Help's statewide appear by phone or computer resource. | Use it as a self-help pointer, then ask Superior Court 2 whether a remote appearance will be allowed. |
Local nuance
Montgomery County-specific considerations
| Local point | What it means in Montgomery County |
|---|---|
| Probate assignment | All probate actions or proceedings are assigned to Montgomery Superior Court 2 under LR54-AR00-1. |
| Transfer authority | The county's judges may transfer a case to another court in the county by order, subject to the receiving court's acceptance (LR54-AR00-1). |
| Local probate rules | The current LR54 local rules do not contain a probate rule family, local inventory filing rule, bond default, attorney-fee guideline, or counsel requirement for probate matters. |
| Hours | The courts are open Monday through Friday, 8 a.m. to 4:30 p.m., legal holidays excluded (LR54-AR00-2). |
Recent updates
| Update | What changed |
|---|---|
| Montgomery County local rules effective January 1, 2026 | The current civil case assignment rule sends all probate actions or proceedings to Montgomery Superior Court 2 (LR54-AR00-1). |
| Indiana Trial Rule 87 effective August 1, 2026 | The statewide e-filing rule includes a probate-specific rule for filing a copy of a will and retaining the original will. |
| Indiana claims rule updated in 2026 | IC 29-1-14-1 includes the current nine-month outside claims bar language for the estate recovery unit. |
Scenarios
| Situation | Montgomery County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Separate jointly owned property and beneficiary assets from probate assets first. If a court estate is still needed, file with the Montgomery County Clerk for assignment to Superior Court 2. | Sunset helps identify accounts, debts and title issues so the spouse can see whether court administration is needed for estate settlement. |
| Out-of-state adult child w/ small estate | Check whether the Indiana small-estate procedure fits before opening a court estate. If a personal representative is needed, a nonresident may serve only by meeting Indiana's written acceptance, resident agent and bond requirements (IC 29-1-10-1(d)). | Sunset helps organize asset information, generate a filing packet when a court estate is needed, and connect the family with Indiana counsel. |
| Parent settling predeceased child's estate, home must be sold | If the home must be sold through the estate, file promptly with the Montgomery County Clerk for Superior Court 2 and ask counsel about Indiana's five-month and seven-month timing rule for certain real-property sales (IC 29-1-7-15.1(b)). | Sunset helps gather mortgage, tax, deed and account information so the attorney and personal representative can plan the sale and closing steps. |
Self-help resources
| Resource | How it helps Montgomery County families | Link or contact |
|---|---|---|
| Indiana Judicial Branch, Montgomery County page | Local rules, court contacts, case search and e-filing links for Montgomery County courts. | https://www.in.gov/courts/local/montgomery-county/ |
| Montgomery County Judicial page | County courthouse, court phone numbers and local court information. | https://www.montgomerycounty.in.gov/judicial |
| Montgomery County Court Forms page | General civil and small claims self-help links. It does not list a probate form. | Montgomery County website, Court Forms page |
| Indiana Legal Help, Estate | Estate self-help information, Probate FAQ, Small Estate FAQ and the statewide small estate affidavit. | https://indianalegalhelp.org/legal-topic-category/estate-2/ |
| MyCase | Statewide public case search for estate cases, including EU, ES and EM case types. | https://public.courts.in.gov/mycase/ |
| Indiana e-filing | Information on the IEFS, certified e-filing providers and user guides. | https://www.in.gov/courts/efiling/ |
| Indiana Legal Services, Lafayette office | Free civil legal aid for eligible low-income Hoosiers in Montgomery County. Address: 8 N 3rd Street, Suite 102, Lafayette, IN 47901. Phone: (765) 423-5327. Hours: Monday through Friday, 8 a.m. to 4:30 p.m. Eastern, closed over the noon hour. | https://www.indianalegalservices.org/locations/ |
| Indiana Free Legal Answers | Free confidential answers from volunteer Indiana attorneys for eligible users. | https://indiana.freelegalanswers.org/ |
| Indiana Trial Court Fee Manual | Statewide court cost table for probate case filings, current through the 2026 legislative session. | https://www.in.gov/courts/iocs/files/courtmgmt-pubs-trial-court-fee-manual.pdf |
When to hire an attorney
A probate attorney is especially useful in Montgomery County when the estate includes real property, a sale of a home, a dispute among heirs or beneficiaries, a nonresident personal representative, creditor issues, or supervised administration. Counsel also helps prepare the petition because Montgomery County does not publish a local probate packet. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help families identify bank, brokerage, retirement, insurance and debt relationships before they choose a Montgomery County estate settlement path.
Generate the probate packet. When a court estate is needed, Sunset helps organize the family information, asset list and filing materials for the Montgomery County Clerk and assignment to Montgomery Superior Court 2.
Find a local probate attorney. If the estate needs legal advice, a house sale, creditor strategy, or help with a nonresident personal representative, Sunset can connect the family with an Indiana probate attorney.
Sunset is free for families. Families can use Sunset to understand the estate settlement workload, organize documents and decide what professional help is needed without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Montgomery County, Indiana?
File with the Clerk of the Circuit Court at the Montgomery County Courthouse, 100 East Main Street, Crawfordsville, IN 47933. The county's local assignment rule sends probate actions or proceedings to Montgomery Superior Court 2 (LR54-AR00-1).
Does Montgomery County probate go to the Circuit Court?
No. Montgomery County has a Circuit Court and two Superior Courts, and its current local case assignment sends all probate actions or proceedings to Montgomery Superior Court 2 (LR54-AR00-1, IC 33-33-54-2).
Can I e-file a Montgomery County probate case?
Yes. Indiana's IEFS is available for estate filings. Attorneys file electronically unless exempted, while unrepresented litigants are encouraged but not required to use e-filing (Ind. Trial Rule 87).
What happens to the original will if I e-file in Montgomery County?
Ind. Trial Rule 87(E) requires a copy of the will and an affidavit about the original. Unless the original has been deposited with the clerk, the filer keeps 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.
Does Montgomery County have local probate forms?
No Montgomery County probate or estate forms are listed on the county's Court Forms page, and the local rules do not include a probate forms section. Indiana also does not publish a statewide court-approved probate packet.
How much does it cost to open an estate in Montgomery County?
A petition for letters generally carries $177 under IC 33-37, current through 2026. If sheriff service is requested, the Indiana service of process fee is $28 under IC 33-37-5-15, current through 2026. IC 33-37-4-7(c) treats offering a will alone and certain other probate filings as exempt actions.
Can I appear remotely for a Montgomery County probate hearing?
Montgomery County does not have a probate-specific remote appearance rule in its local rules. Statewide, a court may conduct non-testimonial hearings remotely at its discretion, and testimonial hearings are in person unless good cause or party agreement supports a remote proceeding (Ind. Administrative Rule 14).
Can I look up a Montgomery County estate online?
Yes. Search the decedent's name on MyCase at mycase.in.gov. Indiana estate case types include EU for estate, unsupervised, ES for estate, supervised, and EM for estate, miscellaneous.
Do I have to travel to Crawfordsville if I live out of state?
Not always, but an out-of-state personal representative has Indiana requirements, including written acceptance, appointment of an Indiana resident agent, and bond unless the court has authority to adjust it in an unsupervised administration (IC 29-1-10-1(d)). Ask Montgomery Superior Court 2 or your attorney how any hearing will be handled.
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.