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Ohio County, IN Probate Information
Quick facts
| Item | Ohio County information |
|---|---|
| Court | Ohio Circuit Court. All causes filed in Ohio County are under the Ohio Circuit Court under LR58-AR-1. |
| Courthouse address | Ohio County Courthouse, 413 Main Street, Room 207, Rising Sun, IN 47040 |
| Mailing address | P.O. Box 185, Rising Sun, IN 47040 |
| Clerk phone | (812) 438-2610 for filings, copies and case questions at the clerk's counter |
| Court phone | (812) 438-3410 for hearing or court-date questions |
| Fax | (812) 438-1215, clerk's office |
| Published hours | Monday, Tuesday, Thursday and Friday, 8:30 a.m. to 4:15 p.m. The county does not list Wednesday in the published court-hours line, so call before planning a Wednesday trip. Items presented after 4:00 p.m. are treated as filed the next business day unless the filer asks for a same-day file stamp or Trial Rule 5(E) applies (LR58-TR-4). |
| Cost to open an estate | The clerk collects a probate costs fee of $120 for each action filed under IC 29 (IC 33-37-4-7), and the Indiana Office of Court Services Fee Manual, Current through 2026 Legislative Session, puts the total at $177 once the statutory add-on fees under IC 33-37-5 are collected with it. So a petition for probate of will and issuance of letters, or a petition for letters of administration, carries $177. These figures are statewide and do not vary by county. Offering a will for probate alone is treated separately under IC 33-37-4-7(c)(3). |
| Local forms | No Ohio County estate packet, cover sheet, checklist or local probate form was published by the clerk or prescribed in the county's local rules. |
| E-filing | Indiana's IEFS is available statewide. Attorneys are required to e-file. Unrepresented litigants are not required to e-file but are encouraged to use the system (Ind. Trial Rule 87). |
| Case search | Search MyCase at mycase.in.gov by the decedent's name. Estate cases appear as EU, ES or EM. |
| Remote appearance | No Ohio County probate-specific remote rule was published. Ask the court at (812) 438-3410. Indiana courts may conduct non-testimonial hearings remotely at the court's discretion, and testimonial hearings remotely only for good cause or by agreement (Ind. Administrative Rule 14). |
| Website | Indiana Judicial Branch Ohio County page and the Ohio County Clerk's Office page |
Before you begin — know the assets and liabilities
Before you file anything in Room 207, build a list of the decedent's probate assets, debts, creditors, real estate and beneficiary-designated property. In Ohio County, that first pass determines whether you are asking for letters, whether a supervised administration is likely, and whether the local rules on bond, inventory or sale of real estate will matter.
Sunset's estate settlement process searches across more than 2,300 financial institutions, helps identify what is actually in the estate, and turns that information into a filing packet you can review before contacting the Ohio County clerk or a local attorney.
Which court handles jurisdiction
Ohio County is served by one courthouse in Rising Sun. 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 lived in Ohio County, the estate is an Ohio County matter.
Ohio County and Dearborn County share the seventh judicial circuit judge (IC 33-33-58-2, IC 33-33-15-1). That does not move an Ohio County estate to Lawrenceburg. Ohio County keeps its own Clerk of the Circuit Court, its own courthouse counter and its own local rules. LR58-AR-1 states that all causes filed in Ohio County are filed under the jurisdiction of the Ohio Circuit Court.
The jurisdiction process
- List the decedent's assets, debts, creditors, real estate and beneficiary designations before choosing a filing path. If the decedent owned real estate in Ohio County, note whether it may need to be sold or recorded through the recorder's office in the same courthouse.
- Gather the certified death certificate, the original will if there is one, names and addresses of heirs or beneficiaries, creditor information and enough copies for the clerk and the court. Ohio County's local rules require probate papers to be prepared like civil pleadings and presented with sufficient copies (LR58-PR-5).
- File the petition with the Clerk of the Circuit Court in Room 207 of the Ohio County Courthouse at 413 Main Street in Rising Sun, or file electronically through the IEFS if you use e-filing. The case goes to the Ohio Circuit Court under LR58-AR-1.
- If you e-file a will, file a complete copy of the will with the affidavit required by Ind. Trial Rule 87(E), and keep the original until the estate is closed or the time to contest the will has passed, unless the court directs otherwise.
- The clerk collects a probate costs fee of $120 for each action filed under IC 29 (IC 33-37-4-7), and the Indiana Office of Court Services Fee Manual, Current through 2026 Legislative Session, puts the total at $177 once the statutory add-on fees under IC 33-37-5 are collected with it. So a petition for probate of will and issuance of letters, or a petition for letters of administration, carries $177. Offering a will for probate alone is treated separately under IC 33-37-4-7(c)(3).
- Watch the local file-stamp rule if you go near the end of the day. Under LR58-TR-4, an item filed after 4:00 p.m. is treated as filed the next business day unless you ask for a same-day file stamp or Trial Rule 5(E) applies.
- After the court grants the petition, the clerk attests the letters testamentary or letters of general administration under the court seal. Those letters are the personal representative's authority to act for the Indiana estate (IC 29-1-10-4).
- Publish and serve the notice of administration, then administer the estate. If the estate is supervised, file the inventory with the court within two months after appointment (LR58-PR-10), keep vouchers for accounts (LR58-PR-2), and follow LR58-PR-9 if real estate is sold.
- Close the estate after notices have been given, creditor claims are resolved, any account is filed, any deed is recorded, distributions are made and the closing filing is in. The estate settlement is not finished just because letters were issued.
Forms and documents
Probate forms in Ohio County
Ohio County does not publish a local estate packet, cover sheet, checklist or required probate form. The clerk's downloadable forms are not an Ohio County probate packet, and the county's local rules do not prescribe probate appendices or local form templates.
Indiana also does not have a statewide court-approved probate form set for opening a regular estate. Petitions for probate of will and issuance of letters, petitions for letters of administration, consents, notices and proposed orders are drafted for the case rather than pulled from an Ohio County form packet. Call the clerk at (812) 438-2610 before you go if you are filing without an attorney and need to ask what the court expects with the petition.
Indiana Legal Help publishes one statewide estate self-help form, the small estate affidavit CCA-EM-0722-5000. That affidavit is not filed with the court. It is given to the bank or other holder of property, so do not take it to Room 207 expecting it to open an estate.
Local nuance
Ohio County-specific considerations
| Local point | What it means in an Ohio County estate |
|---|---|
| One Ohio County court | LR58-AR-1 sends all causes filed in Ohio County to the Ohio Circuit Court. The shared Dearborn and Ohio circuit means the judge is shared, not the filing counter. |
| Local time rule | LR58-TR-2 states that the prevailing business time of Rising Sun governs matters scheduled before the court. |
| 4:00 p.m. file-stamp rule | LR58-TR-4 treats items filed after 4:00 p.m. as filed the next business day unless the filer asks for a same-day file stamp or Trial Rule 5(E) applies. |
| Supervised-estate inventory | In all supervised estates, an inventory must be filed with the court within two months after appointment of the personal representative (LR58-PR-10). That local rule does not say the same thing for unsupervised estates. |
| Bond in supervised estates | LR58-PR-7 sets a bond rule for supervised estates. If the sole devisee and personal representative is the spouse, no bond is required under the local rule. A will's bond waiver does not end the issue by itself, because the court still sets bond adequate to protect creditors, tax authorities and devisees. |
| Sale of real estate | In a supervised estate, a written professional appraisal must be filed with the petition to sell real estate unless it was filed with the inventory, and a copy of the deed must be filed with the report of sale (LR58-PR-9). |
| Accounts and receipts | LR58-PR-2 requires vouchers or receipts for credits claimed in an account unless the court permits other evidence. If an estate cannot close within one year, an intermediate account is due within thirty days after the one-year mark and each year after that. |
| Attorney fee guideline | Ohio County's local rules publish a guideline for attorney and personal representative fees in decedents' estates. Fees above the guideline require a petition and notice to all interested persons (LR58-PR-1, LR58-PR-11). This is not a court cost and is not part of the $177 total under IC 33-37. |
Recent updates
Scenarios
| Situation | Ohio County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start at the clerk's office in Room 207 in Rising Sun, and remember that the case goes to the Ohio Circuit Court under LR58-AR-1. If a supervised estate is needed and the spouse is both the sole devisee and the personal representative, LR58-PR-7 says no bond is required. If the will waives bond but other people need protection, the court can still set a bond under the local rule. | Sunset identifies accounts and assets before filing, helps separate probate from non-probate property, and assembles the Ohio County packet for review. |
| Out-of-state adult child with small estate | A non-resident can serve as an Indiana personal representative by filing the written acceptance, appointing an Indiana resident agent for service and addressing bond, with possible bond discretion if unsupervised administration is granted (IC 29-1-10-1(d)). E-filing is available, and an unrepresented filer is encouraged but not required to use it. Mail goes to P.O. Box 185 in Rising Sun, but call the clerk before relying on a mail-in paper filing. | Sunset lets the adult child work from outside Indiana, find accounts, prepare the packet and connect with an Indiana attorney if a resident agent or bond issue needs legal help. |
| Parent settling predeceased child's estate, home must be sold | Ohio County's local rules are direct here. In a supervised estate, a written professional appraisal must be filed with the petition to sell real estate unless it was already filed with the inventory, and a copy of the deed must be filed with the report of sale (LR58-PR-9). The supervised-estate inventory must be filed within two months after appointment (LR58-PR-10). If the sale is to pay debts or administration costs, watch the statewide five-month petition and seven-month letters rule (IC 29-1-7-15.1(b)). | Sunset helps get the asset picture and filing packet together quickly, then connects the parent with a local probate attorney for the sale petition and estate settlement steps. |
Self-help resources
| Resource | How it helps |
|---|---|
| Ohio County courts, Indiana Judicial Branch | Use the Ohio County page for the current local court rules, judicial district information, e-filing link and case-search link. |
| Ohio County Clerk's Office | Use the clerk's page for Room 207, the street and mailing addresses, the clerk phone, the court phone, the clerk fax, the published hours and the courthouse holiday calendar. |
| MyCase | Search by the decedent's name for Ohio County estate cases. Estate case identifiers include EU, ES and EM. |
| Indiana Legal Help, estates | Offers Indiana estate self-help information, the small estate affidavit CCA-EM-0722-5000 and plain-language probate and small-estate FAQs. |
| Statewide e-filing, Indiana Judicial Branch | Explains the Indiana E-Filing System, certified e-filing service providers and the difference between attorney e-filing requirements and unrepresented filer options. |
| Indiana Legal Services, New Albany office | Free civil legal aid for eligible low-income Hoosiers. The New Albany office serves Ohio County at 3303 Plaza Drive, Suite 5, New Albany, IN 47150, (812) 945-4123, Monday through Friday, 8:30 a.m. to 4:30 p.m. Eastern. |
| Indiana Free Legal Answers | Free, confidential answers to civil legal questions from volunteer Indiana attorneys. |
When to hire an attorney
A probate attorney is especially useful in Ohio County when the estate is supervised, real estate must be sold, an heir objects, a creditor issue is complicated, or the personal representative lives outside Indiana and needs a resident agent and a bond decision. Ohio County's local rules do not require every personal representative to have counsel, but several rules are written with an attorney on the case, including LR58-PR-5's requirement that a petition for letters show the attorney's name, address, phone number and state bar number. Sunset connects you to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions and helps build the asset list that drives every Ohio County filing decision. That turns estate settlement from guesswork into an organized inventory of what needs court authority and what may pass outside probate.
Generate the probate packet. Sunset uses the information you provide to assemble a petition packet for the Ohio Circuit Court, including the documents and practical filing notes you need for Room 207 or for e-filing through the IEFS.
Find a local probate attorney. If the estate involves a supervised administration, a real-estate sale, a dispute, a resident-agent issue or a bond question, Sunset can connect the family with a vetted Indiana probate attorney familiar with local court expectations.
Sunset is free for families. Families can use Sunset's planning, asset discovery and attorney-matching support at no cost while deciding what level of help the Ohio County estate actually needs.
Frequently asked questions
Where do I file to probate a will in Ohio County?
File with the Clerk of the Circuit Court in Room 207 of the Ohio County Courthouse, 413 Main Street, Rising Sun, IN 47040, or use the Indiana E-Filing System if you choose to e-file. The case is heard by the Ohio Circuit Court under LR58-AR-1.
Ohio County shares a circuit court with Dearborn County. Do I have to go to Lawrenceburg?
No. The judge is shared between Dearborn County and Ohio County, but an Ohio County estate is filed with Ohio County's own clerk in Rising Sun. Venue is the Indiana county where the decedent was domiciled at death (IC 29-1-7-1).
When is the clerk's office in Rising Sun open?
The county publishes court hours as Monday, Tuesday, Thursday and Friday, 8:30 a.m. to 4:15 p.m. The published line does not list Wednesday, so call the clerk at (812) 438-2610 before planning a Wednesday trip. Under LR58-TR-4, items filed after 4:00 p.m. are treated as filed the next business day unless you ask for a same-day file stamp or Trial Rule 5(E) applies.
Can I file an Ohio County estate case myself, or do I have to e-file?
Indiana requires attorneys to e-file. Unrepresented litigants are not required to e-file but are encouraged to use the IEFS (Ind. Trial Rule 87). If you want to file on paper or by mail, call the Ohio County clerk first to ask what the counter will accept and what documents the court expects with the petition.
What does it cost to open an estate in Ohio County?
The clerk collects a probate costs fee of $120 for each action filed under IC 29 (IC 33-37-4-7), and the Indiana Office of Court Services Fee Manual, Current through 2026 Legislative Session, puts the total at $177 once the statutory add-on fees under IC 33-37-5 are collected with it. So a petition for probate of will and issuance of letters, or a petition for letters of administration, carries $177. Offering a will for probate alone is treated separately under IC 33-37-4-7(c)(3).
Does Ohio County have its own probate forms?
No local Ohio County probate packet, cover sheet, checklist or estate form is published by the clerk or prescribed in the county's local rules. Indiana Legal Help's small estate affidavit, CCA-EM-0722-5000, is not filed with the court. It is given to the bank or other holder of property.
Can I look up an Ohio County estate case online?
Yes. Search MyCase at mycase.in.gov by the decedent's name. Ohio County estate cases appear as EU for unsupervised estate, ES for supervised estate or EM for an estate miscellaneous matter.
Will I have to appear in person at the courthouse in Rising Sun?
Maybe. Ohio County has not published a probate-specific remote-appearance rule. Indiana courts may hold a non-testimonial hearing remotely at the court's discretion, and a testimonial hearing remotely only for good cause or by agreement of the parties (Ind. Administrative Rule 14). Call the court at (812) 438-3410 to ask what the judge or magistrate will do in your case.
Does the Ohio Circuit Court have local rules I need to follow in an estate?
Yes. The LR58 probate rules include local requirements for supervised-estate inventories, bonds, real-estate-sale appraisals, accounts, vouchers and fee requests. The most important practical rules are LR58-PR-10 for supervised-estate inventories, LR58-PR-9 for real-estate sales and LR58-TR-4 for the 4:00 p.m. file-stamp rule.
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.