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Scott County, IN Probate Information

Quick facts
| Item | Scott County details |
|---|---|
| Court for estates | Scott Circuit Court. Local Rule LR72-AR01-4(F)(8) assigns Probate, Guardianships and Estates case types ES, EU, EM, GU and TR to Circuit Court. The Circuit Court has original and concurrent civil jurisdiction (IC 33-28-1-2). |
| Filing counter | Clerk of the Circuit Court, One East McClain Avenue, Suite 120, Scottsburg, IN 47170. |
| Mailing | Use the clerk's published office address unless the clerk gives a different mailing instruction. |
| Phone | Clerk: (812) 752-8420. Circuit Court: (812) 752-8430. |
| Fax | (812) 752-5459. |
| Hours | Monday through Friday, 8:30 a.m. to 4:30 p.m., Eastern time. |
| Court cost | A petition for letters testamentary or letters of general administration is $177 under IC 33-37, current through the 2026 Trial Court Fee Manual. Sheriff service, if collected, adds $28 under IC 33-37-5-15, current through the 2026 Trial Court Fee Manual. Offering a will for probate alone and filing an IC 29-1-8-4 closing statement are court-cost exempt under IC 33-37-4-7(c). |
| Local forms | Scott County's Clerk and Circuit Court pages do not publish an online estate packet or estate information sheet. |
| E-filing | Attorneys file through the Indiana E-Filing System. Unrepresented litigants are encouraged, not required, to use it (Ind. Trial Rule 87). |
| Case search | Search MyCase at mycase.in.gov. Estate cases appear as EU, ES or EM. |
| Remote appearance | Scott County's local rules do not publish a probate-specific remote appearance rule. Indiana courts may hold non-testimonial hearings remotely at the court's discretion, and testimonial hearings are remote only for good cause or by agreement (Ind. Administrative Rule 14). |
| Website | Scott County Clerk: scottcounty.in.gov/199/Clerk. Scott Circuit Court: scottcounty.in.gov/198/Circuit-Court. Indiana Judicial Branch local page: in.gov/courts/local/scott-county/. |
Before you begin — know the assets and liabilities
Before you file anything in Scott County, list the decedent's probate assets, nonprobate transfers, debts, known creditors and real estate. The local filing question is straightforward: estate case types are filed in Scott Circuit Court through the Clerk of the Circuit Court, so the practical work is deciding what authority is needed and what documents support it.
Sunset's estate settlement tools help families search more than 2,300 financial institutions for accounts and assets, then organize the information a personal representative or attorney needs for a Scott County filing.
Which court handles jurisdiction
Scott County probate filings are handled at the county courthouse in Scottsburg. Scott County constitutes the sixth judicial circuit (IC 33-33-72-1), and the county's local allocation rule assigns estate, guardianship and trust case types to the Scott Circuit Court (LR72-AR01-4).
Indiana venue is based on the county where the decedent was domiciled at death. If the decedent was not domiciled in Indiana, venue can be in an Indiana county where the decedent left property or where estate property later came (IC 29-1-7-1). Scott County's Judicial District 23 grouping with Clark and Floyd Counties is administrative only and does not change venue.
The jurisdiction process
- Identify the assets and the needed authority. Separate probate assets from jointly owned assets, beneficiary-designated assets and property that may pass without a court estate. If you need a personal representative, prepare a petition for letters testamentary or letters of general administration, the will if there is one, death information, interested-person information and any consents or bond papers required for the estate.
- Use Scott County's local assignment rule. File estate case types ES, EU and EM through the Clerk of the Circuit Court for the Scott Circuit Court. LR72-AR01-4(F)(8) says estate, guardianship and trust cases shall be filed in Circuit Court.
- Handle e-filing correctly. Attorneys file through the IEFS. Unrepresented litigants are encouraged, not required, to use the IEFS (Ind. Trial Rule 87). If a will is filed electronically, Trial Rule 87(E) requires an accurate copy and a perjury affidavit about possession or deposit of the original will and retention of the original until the rule allows otherwise.
- Pay the correct court cost for the filing you are making. A petition for letters testamentary or letters of general administration is $177 under IC 33-37, current through the 2026 Trial Court Fee Manual. If sheriff service is collected, the additional service amount is $28 under IC 33-37-5-15, current through the 2026 Trial Court Fee Manual. A will-only filing and an IC 29-1-8-4 closing statement are treated differently under IC 33-37-4-7(c).
- Give notice after letters issue. Once letters are issued, Indiana requires published notice once each week for two consecutive weeks and proof of publication filed with the clerk within 30 days after publication (IC 29-1-7-7). Known and reasonably ascertainable creditors receive notice under the statute, and claims are governed by Indiana's three-month and nine-month claims rules (IC 29-1-14-1).
- Follow the court's scheduling instructions. Scott County does not publish probate hearing days in its local rules. The Circuit Court or clerk will set any required hearing or tell you whether the filing can proceed without one.
- Ask about remote appearance if a hearing is set. Scott County has no probate-specific remote rule in its local rules. Under Indiana Administrative Rule 14, non-testimonial hearings may be remote at the court's discretion, while testimonial hearings are in person unless good cause or agreement supports a remote appearance.
- Use the authority document once issued. Letters testamentary or letters of general administration, attested by the clerk and under seal, are evidence of the personal representative's authority until superseded or revoked (IC 29-1-10-4).
- Administer and close the estate. The personal representative gathers assets, prepares the inventory required by Indiana law, addresses creditor claims, handles distributions and files the appropriate closing statement or final settlement documents. Scott County's LR72 local rules do not add a probate-specific inventory filing deadline, bond default, attorney-fee guideline or counsel requirement.
Forms and documents
Probate forms in Scott County
Scott County's Clerk and Circuit Court pages do not publish an online estate packet, probate checklist or estate information sheet. Indiana also does not publish a statewide court-approved probate form set for opening a regular estate. In Scott County, the petition and supporting papers are drafted for the estate and filed through the Clerk of the Circuit Court for the Scott Circuit Court.
Indiana's statewide small estate affidavit, CCA-EM-0722-5000, is different. It is a Coalition for Court Access form used under IC 29-1-8 and is given to the bank or other holder of the asset, not filed with the Scott Circuit Court.
| Form issue | Scott County answer |
|---|---|
| Local estate packet | No online Scott County estate packet is published on the Clerk or Circuit Court pages. |
| Local probate rules forms | Scott County's LR72 local rules do not include a PR00 probate forms family. |
| Will filed electronically | Use the copy and affidavit procedure in Ind. Trial Rule 87(E). |
| Small estate affidavit | Use CCA-EM-0722-5000 only when the Indiana small estate affidavit statute applies. It is presented to the asset holder rather than filed with the court. |
Fees
Scott County publishes local copy and certification charges in addition to the statewide probate court costs. The clerk's published charges, reviewed August 2026, are $1 per page for copies and $2 per certification.
| Charge | Amount | Notes |
|---|---|---|
| Copies | $1 per page, reviewed August 2026 | Published by the Scott County Clerk. |
| Certification | $2 each, reviewed August 2026 | Published by the Scott County Clerk. |
| Petition for letters | $177 under IC 33-37, current through the 2026 Trial Court Fee Manual | Statewide court cost for a petition for letters testamentary or letters of general administration. |
Recent updates
| Update | What changed |
|---|---|
| Scott County local rules effective January 1, 2026 | LR72-AR01-4 continues to assign estate, guardianship and trust case types ES, EU, EM, GU and TR to the Scott Circuit Court. |
| Indiana Trial Rule 87 effective August 1, 2026 | The current e-filing rule includes a probate-specific will-copy and original-will retention procedure in Trial Rule 87(E). |
Scenarios
| Situation | Likely Scott County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by confirming title, beneficiary designations and which assets are actually probate assets. If a probate estate is needed, file the estate case through the Clerk of the Circuit Court for Scott Circuit Court under LR72-AR01-4. | Sunset helps identify accounts, organize debts and assets, and prepare an estate settlement plan before a petition is drafted. |
| Out-of-state adult child with a small estate | Check whether the Indiana small estate affidavit route under IC 29-1-8 is enough. If court authority is needed instead, a nonresident personal representative may need a resident agent and bond paperwork under Indiana law. | Sunset helps determine which institutions hold assets, collect account details and connect the family with Indiana counsel when a court filing is needed. |
| Parent settling a predeceased child's estate, home must be sold | File in Scott Circuit Court through the clerk if a personal representative needs authority to sell or manage estate real estate. If a sale is needed to pay debts or administration expenses, ask counsel promptly about the timing rule in IC 29-1-7-15.1(b). | Sunset helps gather property, mortgage, debt and account information so the attorney can evaluate the sale path and closing steps. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Scott County Indiana Judicial Branch page | Links to the county's current local rules, local court information, case search and e-filing resources. | in.gov/courts/local/scott-county/ |
| Scott County Clerk | Filing counter for estate papers, copies and certifications. | One East McClain Avenue, Suite 120, Scottsburg, IN 47170. Phone: (812) 752-8420. |
| Scott Circuit Court | Court assigned to probate, estate, guardianship and trust matters by LR72-AR01-4. | One East McClain Avenue, Scottsburg, IN 47170. Phone: (812) 752-8430. |
| Indiana Legal Help, Estate | Coalition for Court Access estate information, small estate affidavit CCA-EM-0722-5000 and probate FAQs. | indianalegalhelp.org/legal-topic-category/estate-2/ |
| Indiana Judicial Branch Self-Service Legal Center | General self-representation guidance. It does not publish a probate section. | in.gov/courts/selfservice/ |
| MyCase | Statewide public case search. Search the decedent's name and look for EU, ES or EM case types. | public.courts.in.gov/mycase/ |
| Indiana e-filing | Information about the IEFS, provider choices and user guides. | in.gov/courts/efiling/ and in.gov/courts/efiling/providers/ |
| Indiana Legal Services, New Albany office | Free civil legal aid for eligible low-income Hoosiers in Scott County. Intake decides whether help is available for a particular issue. | 3303 Plaza Drive, Suite 5, New Albany, IN 47150. Phone: (812) 945-4123. |
| Indiana Free Legal Answers | Online questions answered by volunteer Indiana attorneys for eligible users. | indiana.freelegalanswers.org |
When to hire an attorney
A Scott County probate attorney is especially useful when the estate includes real estate, creditor issues, a nonresident personal representative, disagreement among heirs or beneficiaries, a need for supervised administration, or uncertainty about whether the small estate affidavit route is enough. Scott County's local rules do not add a probate-specific counsel requirement, but the personal representative remains responsible for meeting Indiana deadlines and court requirements. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across financial institutions and helps families organize balances, beneficiaries, debts and documents so the Scott County estate settlement starts from a clearer asset picture.
Generate the probate packet. Sunset turns the family's information into an organized packet for the personal representative or attorney, including the details needed to prepare a Scott Circuit Court filing through the Clerk of the Circuit Court.
Find a local probate attorney. When a Scott County estate needs legal help, Sunset helps connect the family with a vetted Indiana probate attorney who can advise on filings, notices, real estate, claims and closing.
Sunset is free for families. Sunset does not charge families for its estate settlement support, asset organization or attorney connection service.
Frequently asked questions
Where do I file probate in Scott County, Indiana?
File estate case types through the Clerk of the Circuit Court in Scottsburg for the Scott Circuit Court. Scott County Local Rule LR72-AR01-4(F)(8) assigns Probate, Guardianships and Estates case types ES, EU, EM, GU and TR to Circuit Court.
Does Scott County use the Circuit Court or the Superior Court for estates?
Scott County uses the Circuit Court for estate, guardianship and trust case types under LR72-AR01-4. The county also has a standard Superior Court, but the local allocation rule sends ES, EU, EM, GU and TR cases to Circuit Court.
What is the Scott County court cost to open an estate?
A petition for letters testamentary or letters of general administration is $177 under IC 33-37, current through the 2026 Trial Court Fee Manual. If sheriff service is collected, it adds $28 under IC 33-37-5-15, current through the 2026 Trial Court Fee Manual. A will-only filing and an IC 29-1-8-4 closing statement are court-cost exempt under IC 33-37-4-7(c).
Can I e-file a Scott County probate case?
Yes. Attorneys file through the Indiana E-Filing System. Unrepresented litigants are encouraged, not required, to use the IEFS (Ind. Trial Rule 87). Trial Rule 87(E) explains how a filer submits a copy of a will and handles the original will.
Does Scott County publish local probate forms?
Scott County's Clerk and Circuit Court pages do not publish an online estate packet, probate checklist or estate information sheet. Indiana does not provide a statewide court-approved form set for opening a regular estate, so the petition is prepared for the facts of the estate.
Can I look up a Scott County estate online?
Yes. Search the decedent's name on MyCase at mycase.in.gov. Indiana estate cases appear as EU for unsupervised, ES for supervised or EM for miscellaneous estate matters.
Will I have to travel to Scottsburg for a probate hearing?
Maybe. Scott County's local rules do not publish probate hearing days or a probate-specific remote appearance rule. Indiana Administrative Rule 14 allows non-testimonial hearings to be remote at the court's discretion, while testimonial hearings are in person unless good cause or agreement supports a remote appearance.
What are the Scott County Clerk's hours?
The Scott County Clerk is open Monday through Friday, 8:30 a.m. to 4:30 p.m., Eastern time.
Is the Indiana small estate affidavit filed in Scott County court?
No. The statewide small estate affidavit CCA-EM-0722-5000 is used under IC 29-1-8 and is presented to the bank or other holder of the asset. It is not filed with the Scott Circuit Court.
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.