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Posey County, IN Probate Information
Quick facts
| Item | Posey County information |
|---|---|
| Filing office | Clerk of the Circuit Court, Posey County Courthouse, 300 Main Street, Room 115, Mount Vernon, IN 47620 |
| Court assigned to estates | Posey Superior Court. Local Rule LR65-AR1-02 assigns Estate Supervised (ES), Estate Unsupervised (EU), Trust (TR), Guardianship (GU), and Guardianship Miscellaneous (GM) cases to the Posey Superior Court. The Posey superior court is a standard superior court under IC 33-33-65-2(b), with original and concurrent civil jurisdiction under IC 33-29-1-1.5. |
| Superior Court hearing building | 126 East Third Street, Mount Vernon, IN 47620. The county and the state directory list different room numbers, so call before appearing for a hearing. |
| Mailing | The clerk lists the courthouse counter address. Call the clerk before mailing a probate petition or original will materials. |
| Phone | Clerk: (812) 838-1306. Superior Court: (812) 838-1325. |
| Fax | Clerk: (812) 838-1307. |
| Hours | Monday through Friday, 8:00 a.m. to 4:00 p.m. Central time. |
| Case opening cost | A petition for letters testamentary or letters of general administration carries $177, current through the 2026 Indiana Trial Court Fee Manual and IC 33-37. Sheriff service adds $28, current through 2026, if collected under IC 33-37-5-15. Offering a will for probate without other proceedings is treated separately under IC 33-37-4-7(c)(3). |
| Local forms | Posey County does not publish an online local estate packet, probate checklist, or estate information sheet on the clerk page. |
| E-filing | Indiana e-filing uses the IEFS. Attorneys file electronically unless exempted. Unrepresented litigants are not required but are encouraged to use the IEFS under Ind. Trial Rule 87. |
| Case search | Search the decedent's name on MyCase at https://public.courts.in.gov/mycase/. Estate cases appear as EU or ES. |
| Remote appearance | Posey County's local rules do not set a probate-specific remote appearance practice. Indiana courts may allow remote non-testimonial proceedings at the court's discretion, while testimonial proceedings are in person unless good cause or agreement supports remote participation under Ind. Administrative Rule 14. |
| County court page | https://www.in.gov/courts/local/posey-county/ |
| Clerk page | https://www.poseycountyin.gov/county-offices/clerks-office/ |
Before you begin — know the assets and liabilities
Before you file in Posey County, separate probate assets from nonprobate assets, list debts, identify the will if there is one, and decide whether the estate needs letters testamentary or letters of general administration. That asset picture drives whether estate settlement can use a smaller route, an unsupervised administration, or a supervised administration.
Sunset's asset discovery searches more than 2,300 institutions for accounts and assets, then helps turn what is found into a probate packet for the correct local filing counter. In Posey County, that means preparing for the Clerk's counter in the courthouse, even though estate cases assigned by local rule are heard by the Posey Superior Court.
Which court handles jurisdiction
Posey County probate venue follows Indiana's statewide venue rule: the will probate and estate administration belong in the Indiana county where the decedent was domiciled at death, and if the decedent was not domiciled in Indiana, in an Indiana county where the decedent left property or where estate property later came (IC 29-1-7-1).
Posey County constitutes the eleventh judicial circuit under IC 33-33-65-1. For local operations, the Clerk of the Circuit Court is the filing office for Posey County court filings, and LR65-AR1-02 assigns ES and EU estate cases to the Posey Superior Court.
The jurisdiction process
- Collect the will, death certificate, asset list, debt list, names and addresses of heirs or devisees, and any consent or bond information needed for the proposed personal representative.
- Choose the filing path. Posey County does not publish an online local estate packet, so the petition is drafted for the estate rather than pulled from a Posey County form set. If the filing is an ES or EU estate, LR65-AR1-02 assigns it to the Posey Superior Court.
- File with the Clerk of the Circuit Court at 300 Main Street, Room 115, Mount Vernon. The filing counter is in the courthouse even though Superior Court hearings are held at 126 East Third Street.
- Pay the court costs that apply to the filing. A petition for letters testamentary or letters of general administration carries $177, current through the 2026 Indiana Trial Court Fee Manual and IC 33-37. If sheriff service is collected, add $28, current through 2026, under IC 33-37-5-15.
- If a will is e-filed, follow Ind. Trial Rule 87(E): file an accurate copy and the required affidavit, keep the original will unless it has been deposited with the clerk, and be ready to file the original if ordered or required by statute.
- After letters issue, publish notice of administration once each week for two consecutive weeks and file proof of publication with the clerk within 30 days after publication (IC 29-1-7-7). Serve required notice on heirs, devisees, legatees, and known or reasonably ascertainable creditors.
- Ask the clerk how the Posey Superior Court schedules any required hearing. Posey County's local rules do not publish estate hearing days or a probate-specific remote appearance rule.
- When the court appoints the personal representative, obtain letters testamentary or letters of general administration. Those letters are the clerk-attested proof of authority until superseded or revoked (IC 29-1-10-4).
- Administer the estate by gathering assets, preparing the required inventory within the statutory time after appointment, paying allowed claims and expenses, handling any sale or transfer authority needed, and distributing to the people entitled to receive property.
- Close the estate by the appropriate Indiana closing route, such as an unsupervised closing statement after the statutory period or a supervised final settlement. This is the point where estate settlement moves from court authority to final distribution and release.
Forms and documents
Probate forms in Posey County
Posey County does not publish an online local estate packet, probate checklist, or estate information sheet on the county clerk page. Indiana also does not provide a statewide court-approved probate petition packet, so most Posey County estate filings are prepared for the facts of the estate and filed with the Clerk of the Circuit Court.
Indiana's statewide small estate affidavit, CCA-EM-0722-5000, is different. It is not a Posey County court form and is not filed with the court. It is given to the bank or other holder of the asset when the Indiana small estate affidavit requirements apply under IC 29-1-8.
| Form source | What Posey County filers should know |
|---|---|
| Posey County Clerk | No online local probate packet or estate checklist is listed on the clerk page. |
| Indiana Legal Help estate page | Publishes CCA-EM-0722-5000 for qualifying asset transfers without administration. The affidavit is presented to the asset holder, not filed with the court. |
| Indiana e-filing rules | Ind. Trial Rule 87(E) sets the affidavit and original-will retention rule when a copy of a will is filed electronically for probate. |
Fees
| Local charge | Amount | When it matters |
|---|---|---|
| Copy charge | $1 per copy, as posted by the Posey County Clerk on August 20, 2026 | Applies when ordering copies of documents generated in Posey County courts. |
| Certification charge | $3 per certification, as posted by the Posey County Clerk on August 20, 2026 | Applies when a certified copy is needed, such as a certified order or other certified court document. |
| Credit card service charge | 2.6 percent, with a $1 minimum, as posted by the Posey County Clerk on August 20, 2026 | Applies to credit card payments accepted by the clerk. |
Local nuance
Posey County-specific considerations
| Local point | Why it matters |
|---|---|
| Estates are assigned to Superior Court | LR65-AR1-02 assigns Estate Supervised (ES), Estate Unsupervised (EU), and Trust (TR) cases to the Posey Superior Court. File at the clerk's courthouse counter, but expect Superior Court assignment for the estate case. |
| Two buildings can be involved | The clerk's filing counter is at 300 Main Street, Room 115. The Posey Superior Court is at 126 East Third Street, so a hearing may be in a different building from the filing counter. |
| Central time | The clerk's hours are 8:00 a.m. to 4:00 p.m. Central time. Posey County is one of the Indiana counties in the Central time zone under 49 CFR 71.5(b). |
| No local probate rule family | Posey's LR65 local rules do not include an LR65-PR probate family, and they do not add a local inventory filing deadline, bond default, counsel requirement, attorney-fee guideline, or probate remote appearance practice. |
Recent updates
| Update | What changed |
|---|---|
| Local rules updated June 1, 2023 | Posey County's current LR65 local rules include LR65-AR1-02, which assigns ES, EU, TR, GU, and GM cases to the Posey Superior Court. |
Scenarios
| Scenario | Likely Posey County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by identifying whether the home passes outside probate and whether any probate assets still require a Posey County estate. If an estate is opened, file at the Clerk of the Circuit Court counter, with ES or EU assignment to the Posey Superior Court under LR65-AR1-02. | Sunset helps separate jointly owned and beneficiary-designated assets from probate assets, then builds the estate settlement task list around what remains. |
| Out-of-state adult child with a small estate | If the gross probate estate qualifies under Indiana's small estate rules, the statewide affidavit may be available for deaths after June 30, 2022 where the applicable IC 29-1-8 requirements are met, including the $100,000 ceiling and the waiting period. If court administration is needed instead, the Posey filing counter is in Mount Vernon. | Sunset helps gather account information, evaluate whether a court filing is likely, and prepare the next step for either an affidavit route or a Posey County estate filing. |
| Parent settling a predeceased child's estate, home must be sold | A house sale can make timing and court authority important. If administration is opened, the petition is filed with the clerk and the ES or EU estate is assigned to the Posey Superior Court by LR65-AR1-02. Ask early about any hearing logistics at the Superior Court building. | Sunset helps organize the asset list, debts, heirs, and documents an attorney will need, then helps connect the family with local probate counsel when a real estate sale is part of estate settlement. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Indiana Judicial Branch, Posey County page | Local rules, court links, e-filing link, case search link, and county court information. | https://www.in.gov/courts/local/posey-county/ |
| Posey County Clerk's Office | Filing counter, court records, certified copies, copy and certification charges, phone, fax, and hours. | 300 Main Street, Room 115, Mount Vernon, IN 47620. Phone: (812) 838-1306. Website: https://www.poseycountyin.gov/county-offices/clerks-office/ |
| Indiana Legal Help, Estate | Estate information, probate FAQ, small estate FAQ, and CCA-EM-0722-5000 for qualifying transfers without administration. | https://indianalegalhelp.org/legal-topic-category/estate-2/ |
| Indiana Judicial Branch Self-Service Legal Center | General self-representation guidance and links to legal help. It does not provide a probate petition packet. | https://www.in.gov/courts/selfservice/ |
| MyCase | Statewide public case search for Indiana court cases, including public estate cases. | https://public.courts.in.gov/mycase/ |
| Indiana e-filing | IEFS information, certified provider list, and e-filing guidance. | https://www.in.gov/courts/efiling/ |
| Indiana Legal Services, Evansville office | Free civil legal aid for eligible low-income Hoosiers. Posey County is served by the Evansville office. | 915 Main Street, Suite 201, Evansville, IN 47708. Phone: (812) 426-1295. Website: 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
Probate counsel is often useful in Posey County when the estate includes real estate, creditor issues, a nonresident personal representative, disagreement among heirs or devisees, a supervised administration, or uncertainty about whether ES, EU, or another estate-related filing is the right case type. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps identify bank accounts, investment accounts, insurance, real estate, vehicles, and other property so the family can understand what belongs in probate and what may pass outside the estate.
Generate the probate packet. Sunset turns the family and asset information into an organized probate packet for the Indiana process, tailored to the local Posey County filing counter and the Superior Court assignment under LR65-AR1-02.
Find a local probate attorney. When the estate needs legal advice, a real estate sale, creditor strategy, or supervised court work, Sunset helps connect the family with a vetted Indiana probate attorney.
Sunset is free for families. Sunset provides estate settlement guidance, document organization, asset discovery, and attorney matching at no cost to families.
Frequently asked questions
Where do I file probate in Posey County?
File with the Clerk of the Circuit Court at the Posey County Courthouse, 300 Main Street, Room 115, Mount Vernon. Under LR65-AR1-02, supervised and unsupervised estate cases are assigned to the Posey Superior Court.
Is the Posey County estate case heard in Circuit Court or Superior Court?
Posey County's local rule assigns Estate Supervised (ES), Estate Unsupervised (EU), Trust (TR), Guardianship (GU), and Guardianship Miscellaneous (GM) cases to the Posey Superior Court. The filing counter is still the Clerk of the Circuit Court.
What are the Posey County clerk hours for probate filings?
The clerk's office is open Monday through Friday, 8:00 a.m. to 4:00 p.m. Central time. If you are filing near closing time or bringing original will materials, call the clerk first.
Can I e-file a Posey County probate case?
Yes. Indiana uses the IEFS for court e-filing. Attorneys file electronically unless exempted, and unrepresented litigants are not required but are encouraged to use the IEFS under Ind. Trial Rule 87.
What happens to the original will if I e-file in Posey County?
Ind. Trial Rule 87(E) requires an accurate copy of the will and an affidavit. Unless the original will 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 until the time to file a will contest has expired, whichever is later, unless the court or statute directs otherwise.
Does Posey County have local probate forms?
Posey County does not publish an online local estate packet, probate checklist, or estate information sheet on the clerk page. Indiana's statewide small estate affidavit, CCA-EM-0722-5000, is not filed with the court and is used only when the IC 29-1-8 requirements apply.
How much does it cost to open an estate in Posey County?
A petition for letters testamentary or letters of general administration carries $177, current through the 2026 Indiana Trial Court Fee Manual and IC 33-37. If sheriff service is collected, add $28, current through 2026, under IC 33-37-5-15. Local copy charges are $1 per copy and $3 per certification, as posted by the Posey County Clerk on August 20, 2026.
Can I look up a Posey County estate online?
Yes. Search the decedent's name on MyCase at https://public.courts.in.gov/mycase/. Public Posey County estate cases appear with Indiana estate case identifiers such as EU for unsupervised estates and ES for supervised estates.
Can I appear remotely for a Posey County probate hearing?
Posey County's local rules do not set a probate-specific remote appearance practice. Indiana courts may allow remote non-testimonial proceedings at the court's discretion, and testimonial proceedings are in person unless good cause or agreement supports remote participation under Ind. Administrative Rule 14.
Do I have to travel to Mount Vernon for Posey County probate?
Not always. Attorneys use the IEFS, and unrepresented litigants may use it. If a hearing is scheduled, ask the Posey Superior Court whether the appearance will be in person or remote under the court's order for that case.
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.