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St. Joseph County, IN Probate Information
Quick facts
| Item | St. Joseph County detail |
|---|---|
| Court | St. Joseph Probate Court, the only probate court in Indiana. The St. Joseph Circuit Court and the St. Joseph Superior Court may also hear an estate under the county caseload plan. |
| Probate counter | Probate Court Clerk, 1000 South Michigan Street, South Bend, IN 46601, inside the Thomas N. Frederick Juvenile Justice Center. |
| Other clerk counters | 101 South Main Street, South Bend, IN 46601, and 219 Lincolnway West, Suite 101, Mishawaka, IN 46544. |
| Mailing | No separate post office box is published. Address mail to the office handling the filing at its street address. |
| Phone | Probate Court Clerk: (574) 235-9635, extension 7045. St. Joseph Probate Court: (574) 235-5437. |
| Fax | Clerk of the Circuit Court fax: (574) 235-9838. Pleadings are not filed by fax (LR71-TR77-201.2). |
| Hours | Clerk counters are open 8:00 a.m. to 4:30 p.m., Monday through Friday, closed on holidays. The Juvenile Justice Center building stays open later on Tuesday and Thursday, but the probate counter still closes at 4:30 p.m. |
| Court costs | A petition for probate of will and issuance of letters, or a petition for letters of general administration, is $177, current since July 1, 2017, under IC 33-37-4-7 and IC 33-37-5. The court form asks for a check payable to the St. Joseph County Clerk. Copy service through the sheriff is $28, current as of August 2026, under IC 33-37-5-15. |
| No charge filings | The Probate Court's estate form marks a will offered for probate on its own, an inheritance tax filing on its own and opening a safe deposit box on its own as no charge filings, matching IC 33-37-4-7(c). |
| Local forms | Yes. The St. Joseph Probate Court uses a local estate information form, and the clerk will not assign a cause number until the form is filed with the requested documents and costs (LR71-PR00-602.5.1). |
| E-filing | Attorneys file electronically. People representing themselves are not required to e-file statewide, but are encouraged to do so (Ind. Trial Rule 87). The Circuit and Superior Courts use the statewide system. The Probate Court runs its own electronic case system, so ask the Probate Court Clerk which route applies. |
| Case search | Search MyCase at mycase.in.gov. Estate cases appear as EU, ES or EM. Probate Court files kept electronically are open for public inspection unless confidential by statute or court order (LR71-AR16-702.3). |
| Remote appearance | Indiana courts may hold a non-testimonial hearing remotely at the court's discretion, and may take testimony remotely only for good cause or by agreement (Ind. Administrative Rule 14). Ask the Probate Court Clerk about your hearing. |
| Website | County Probate Court page: https://www.sjcindiana.gov/1988/Probate-Court. Indiana Judicial Branch county page: https://www.in.gov/courts/local/st-joseph-county/. |
Before you begin — know the assets and liabilities
Before you file, identify the estate assets, debts, heirs and likely creditors. St. Joseph County's own estate information form asks for the total value of the estate, including personal and real property, because bond can matter even in an unsupervised estate. Sunset's 2,300-institution asset discovery helps families find accounts, policies and balances before the first filing decision.
Do the same work for notice. The court's local rule requires notice of the opening of the estate to be mailed to all distributees and all reasonably ascertainable creditors, and the court's form asks you to bring addressed envelopes for heirs and, when needed, creditors (LR71-PR00-601.4). That makes asset and debt discovery part of practical estate settlement, not just background preparation.
Which court handles jurisdiction
St. Joseph County probate venue is based on the decedent's domicile. If the decedent was domiciled in St. Joseph County at death, the will and estate administration belong in St. Joseph County (IC 29-1-7-1). 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).
Three local court locations matter. The St. Joseph Probate Court and the Probate Court Clerk are at 1000 South Michigan Street in South Bend. The St. Joseph Circuit Court and the Superior Court civil division are at 101 South Main Street in South Bend. The Superior Court's Mishawaka plenary docket and the clerk's Mishawaka office are at 219 Lincolnway West. One elected Clerk of the Circuit Court serves the Circuit Court, Superior Court and Probate Court (IC 33-32-2-1, IC 33-31-1-4).
South Bend and Mishawaka are the two courthouse cities to know. The county's caseload plan says estate, guardianship and trust cases may continue to be filed in any of the courts consistent with St. Joseph County practice, and estate cases designated for Mishawaka go to the Superior Court civil judge sitting there (LR71-AR1-1001).
The jurisdiction process
- Inventory the assets, debts, heirs and creditors first. The Probate Court's estate information form asks for estate value, and St. Joseph County may require bond in an unsupervised estate unless the personal representative is the sole beneficiary or the court orders otherwise (LR71-PR00-603.4).
- Line up counsel, or ask the court for permission before proceeding without counsel. In St. Joseph County, no personal representative of an estate may proceed without counsel unless the court approves in advance (LR71-PR00-602.5).
- Decide which local court and counter apply. Estate cases may be filed in the Circuit Court, Superior Court or Probate Court under the county caseload plan (LR71-AR1-1001). If the case is designated for Mishawaka, the plan assigns EU, ES and EM estate cases to the Superior Court civil judge sitting there.
- Get the current local estate information form from the Probate Court Clerk. The QUEST information form must be completed and filed with the clerk, with the requested documents and costs, before a new cause number is assigned (LR71-PR00-602.5.1).
- Bring the local items the court asks for. The Probate Court's estate form asks for the original will, a check for $177, current since July 1, 2017, payable to the St. Joseph County Clerk under IC 33-37-4-7 and IC 33-37-5, addressed envelopes for heirs and, if needed, creditors, prepaid certified postage if you want certified service, and a separate $28 check to the St. Joseph County Sheriff for copy service under IC 33-37-5-15.
- File with the clerk, not directly with the judge. Attorneys file electronically. A person representing themselves may file a signed paper copy with the clerk unless the person can sign electronically at the clerk's office, and paper documents should be flat, unfolded and fastened at the top left corner only (LR71-AR16-702.6, LR71-TR77-201.1). Pleadings are not filed by fax (LR71-TR77-201.2).
- Handle notice. Indiana requires notice of administration to be published after letters issue (IC 29-1-7-7). St. Joseph County also requires notice of the opening of the estate to be sent by first class mail to all distributees and all reasonably ascertainable creditors, with certified mail recommended (LR71-PR00-601.4).
- Obtain authority. The clerk issues letters testamentary when there is a will, or letters of general administration when there is no will, under the court's seal. Those letters are conclusive evidence of the personal representative's authority until superseded or revoked (IC 29-1-10-1, IC 29-1-10-4).
- Prepare the inventory within two months after appointment. In St. Joseph County, the inventory is provided to interested parties or distributees on request and may be filed with the court, but filing is optional under the local rule (LR71-PR00-604.1).
- Schedule hearings when needed. Routine matters may be heard on the daily calendar, and matters expected to take more than twenty minutes are scheduled through the assigned judge's chambers (LR71-AR00-104.3). Ask the Probate Court Clerk or chambers whether a particular hearing may be remote under Ind. Administrative Rule 14.
- Administer and close the estate. Serve the verified account with notice of the final settlement hearing unless waived, use the statutory account format, pay court costs and satisfy or release claims before a final account is heard, and use the closing statement route for an unsupervised estate when it is ready to close (LR71-PR00-601.3, LR71-PR00-606.2, LR71-PR00-606.3, LR71-PR00-607.3).
Executor duties
St. Joseph County adds several local duties and expectations for a personal representative. These are local layers on top of Indiana's statewide duties.
| Duty | Local rule | What it means |
|---|---|---|
| Use counsel unless excused first | LR71-PR00-602.5 | No personal representative may proceed without counsel unless the court approves in advance. |
| Expect bond in an unsupervised estate | LR71-PR00-603.4 | Bond is required unless the personal representative is the sole beneficiary or the court orders otherwise. The court may waive bond or set the amount in its discretion. |
| Handle nonresident paperwork | LR71-PR00-602.6.1, LR71-PR00-603.7 | A nonresident personal representative either appears on the initial petition or submits an affidavit about education, employment and lack of felony convictions, and posts bond before qualifying as required by statute. |
| Prepare the inventory | LR71-PR00-604.1 | The inventory is prepared within two months after appointment. It is given to interested parties or distributees on request and may be filed with the court. |
| Give opening notice locally | LR71-PR00-601.4 | Notice of opening the estate goes by first class mail to all distributees and all reasonably ascertainable creditors. Certified mail with return receipt is recommended. |
| Use proper accounting format | LR71-PR00-606.2 | Informal, handwritten or transactional accountings are not accepted. |
| Clear costs and claims before final account | LR71-PR00-606.3 | All court costs must be paid and all claims satisfied and released before the court hears a motion on final account. |
| Serve the account before final settlement | LR71-PR00-601.3 | A copy of the verified account must be served with notice of the final settlement hearing unless waived. |
| Handle estate deeds correctly | LR71-PR00-605.1, LR71-PR00-605.2 | A judge's signature is not required on an estate deed, and no personal representative's deed is approved in an unsupervised estate. |
| Keep unsupervised estate files organized | LR71-PR00-607.1 | In an unsupervised administration, the attorney keeps notices, the inventory, distributee correspondence and the final accounting support, and supplies them to the court on request. |
Forms and documents
Probate forms in St. Joseph County
Indiana does not publish a statewide court-approved probate form set. In St. Joseph County, the local packet that matters is the St. Joseph Probate Court's own information form packet, especially the estate information form. The local rule says the QUEST information form must be completed and filed with the clerk, with the requested documents and costs, before a new cause number is assigned (LR71-PR00-602.5.1).
| Form or item | Local use | What to do |
|---|---|---|
| Estate information form | Required local intake form for an estate cause number | Ask the Probate Court Clerk for the current packet before filing. |
| Original will | The court's estate form tells filers to bring it | Bring the original will to the counter. Indiana's e-filing rule separately addresses filing a copy and keeping the original when a will is e-filed (Ind. Trial Rule 87). |
| Addressed envelopes | The estate form asks for envelopes addressed to heirs and, if needed, creditors | Prepare envelopes before you travel. Bring prepaid certified postage if you want certified service. |
| Confidential information | The local rules require identifying information for the personal representative and others to be handled consistently with access rules | Do not put confidential identifiers into public papers unless the court form requires them in the protected sheet (LR71-PR00-602.6). |
| Small estate affidavit | Statewide Indiana Legal Help form for assets that qualify under state law | This form is given to the bank or other holder. It is not filed at the courthouse. |
Fees
St. Joseph County has a real local cost layer because the Probate Court's own estate information form tells filers what to bring to the counter.
| Cost item | Amount and date | Local note |
|---|---|---|
| Petition for probate of will and issuance of letters, or petition for letters of general administration | $177, current since July 1, 2017, under IC 33-37-4-7 and IC 33-37-5 | The Probate Court's estate form asks for a check in this amount payable to the St. Joseph County Clerk. |
| Probate costs fee component | $120, current as of August 2026, under IC 33-37-4-7 | This is the statutory probate costs fee before the statutory add-ons included in the $177 total. |
| Sheriff copy service | $28, current as of August 2026, under IC 33-37-5-15 | The estate form asks for a separate check to the St. Joseph County Sheriff if copy service is desired. |
| Will offered for probate on its own | No court costs charge, current as of August 2026, under IC 33-37-4-7(c) | The local form calls this 'Spread the Will Only' and marks it as no charge. |
| Opening a safe deposit box on its own | No court costs charge, current as of August 2026, under IC 33-37-4-7(c) | The local form marks this as no charge. |
| Probate Court case system account | No amount published | The local rule says the user agreement carries a nominal charge, but access is free for parties or litigants claiming indigence (LR71-AR16-702.5.3). |
All court costs must be paid and all claims satisfied and released before the court will hear a motion on final account (LR71-PR00-606.3).
Local nuance
St. Joseph County-specific considerations
| Local point | Why it matters |
|---|---|
| Indiana's only probate court is here | The statutory name is the St. Joseph Probate Court (IC 33-31-1-1). Use that name, but do not assume every estate must be filed there. |
| Estate cases can be filed in any of three courts | The county caseload plan lets ES, EU, GU and TR cases continue to be filed in any of the courts consistent with local practice (LR71-AR1-1001). |
| One clerk, three counters | The same elected Clerk of the Circuit Court serves the Circuit Court, Superior Court and Probate Court (IC 33-32-2-1, IC 33-31-1-4). |
| The probate counter is in the Juvenile Justice Center | Everyone entering is screened, and public parking is free in undesignated spaces. Allow time for screening before a filing or hearing. |
| Counsel is the local default | No personal representative may proceed without counsel unless the court approves in advance (LR71-PR00-602.5). |
| Bond can still matter in an unsupervised estate | Bond is required unless the personal representative is the sole beneficiary or the court orders otherwise (LR71-PR00-603.4). |
| Bring addressed envelopes | The estate information form asks for envelopes addressed to heirs and, if needed, creditors. |
| Old estate indexes are separate | The St. Joseph County Archives and Records Center has estate indexes from 1832 to 1988 for South Bend and 1981 to 1995 for Mishawaka. Later files are handled through the clerk. |
Recent updates
| Date | Local update |
|---|---|
| January 1, 2025 | St. Joseph County's amended local court rules took effect, including the 600-series probate and estate rules and the 700-series electronic filing rules. |
| January 1, 2025 | The amended Caseload Allocation Plan took effect. It is the local document that keeps estate, guardianship and trust cases filable in any of the county's three courts. |
Scenarios
| Situation | Likely local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by separating what is in the probate estate from what passes by title. If administration is still needed, ask the Probate Court Clerk which court and counter should take the filing. If the spouse is the sole beneficiary, that fact matters because St. Joseph County's local bond rule treats that as an exception to the default bond rule for an unsupervised estate (LR71-PR00-603.4). | Sunset helps identify accounts, policies, debts and ownership details before the family decides whether an estate settlement filing is needed. |
| Out-of-state adult child with a small estate | Check first whether the statewide small estate affidavit route fits, because that form is not filed at the courthouse. If a court estate is needed and the adult child will serve, St. Joseph County requires a nonresident personal representative either to appear on the initial petition or submit the local affidavit described in LR71-PR00-602.6.1, and a nonresident fiduciary posts bond before qualifying as required by statute (LR71-PR00-603.7). | Sunset helps assemble the asset list, creditor list and probate packet from out of state, then helps find local counsel because St. Joseph County requires counsel unless the court approves otherwise in advance. |
| Parent settling a predeceased child's estate, home must be sold | Move quickly if estate property must be sold to pay debts or administration costs. Indiana has a five-month petition and seven-month letters rule for selling real property for certain debts or costs (IC 29-1-7-15.1). Locally, a judge's signature is not required on an estate deed, and no personal representative's deed is approved in an unsupervised estate (LR71-PR00-605.1, LR71-PR00-605.2). | Sunset helps get the asset and debt picture together fast enough to decide whether administration is needed and to prepare for a sale-related estate settlement step. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| St. Joseph Probate Court, probate counter | Local filing questions, current estate information packet and counter routing | 1000 South Michigan Street, South Bend, IN 46601. (574) 235-9635, extension 7045. 8:00 a.m. to 4:30 p.m., Monday through Friday. |
| St. Joseph County Probate Court page | County page for the Probate Court and its duties | https://www.sjcindiana.gov/1988/Probate-Court |
| St. Joseph County on the Indiana Judicial Branch site | Judicial District 4, current local rules, court contacts, case search and e-filing links | https://www.in.gov/courts/local/st-joseph-county/ |
| St. Joseph County local rules | Local probate rules LR71-PR00-601 through LR71-PR00-613 and Probate Court electronic filing rules | https://www.in.gov/dA/8048fdacd1/st.joseph-local-rules.pdf |
| Indiana Legal Help, estate topic | Statewide estate self-help, including the small estate affidavit, probate FAQ and small estate FAQ. The county's Legal Representation page says a self-help kiosk is available in the basement of Courthouse 1 next to the clerk's office. | https://indianalegalhelp.org/legal-topic-category/estate-2/ |
| MyCase | Statewide public case search. Search the decedent's name; estate cases appear as EU, ES or EM. | https://public.courts.in.gov/mycase/ |
| Indiana Legal Services, South Bend office | Free civil legal aid for eligible low-income Hoosiers. The South Bend office serves St. Joseph County. | 227 South Main Street, Suite 200, South Bend, IN 46601. (574) 234-8121. |
| St. Joseph County Bar Association legal referral service | Local lawyer referral route listed by the county | 101 South Main Street, Law Library, South Bend, IN 46601. (574) 235-9657. http://www.stjoebar.org/ |
| St. Joseph County Archives and Records Center | Older estate indexes for South Bend and Mishawaka family estate files | 1140 South Lafayette Boulevard, South Bend, IN 46601. (574) 235-9091. |
When to hire an attorney
In St. Joseph County, counsel is the default for a personal representative. The local rule says that unless the court approves in advance, no personal representative of an estate may proceed without counsel (LR71-PR00-602.5). The county's own guidance also says court staff and clerk staff cannot help prepare forms or pleadings because they must remain neutral. Counsel is especially important when the estate has real property, a nonresident fiduciary, bond questions, creditor issues, a supervised administration or a contested final account. Sunset connects families with a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families search across more than 2,300 financial institutions so you can understand what is in the estate before choosing a St. Joseph County filing path.
Generate the probate packet. Sunset turns the asset, debt, heir and creditor information into an organized estate settlement packet you can review with counsel and use to complete the local court's required information form.
Find a local probate attorney. St. Joseph County requires counsel for a personal representative unless the court approves otherwise in advance. Sunset helps connect families with a vetted probate attorney familiar with Indiana estate administration.
Sunset is free for families. Sunset does not charge families to get organized, understand the next steps and connect with probate help. The goal is to make estate settlement clearer before you travel to the South Bend or Mishawaka counter.
Frequently asked questions
Where do I file probate in St. Joseph County?
Start with the Probate Court Clerk at 1000 South Michigan Street in South Bend, or call (574) 235-9635, extension 7045. St. Joseph County has the St. Joseph Probate Court, the St. Joseph Circuit Court and the St. Joseph Superior Court, and the county caseload plan lets estate cases be filed in any of the three courts (LR71-AR1-1001).
Does a St. Joseph County estate have to be filed in the St. Joseph Probate Court?
No. St. Joseph County is the only Indiana county with its own probate court, but the county's caseload plan allows ES and EU estate cases to be filed in any of the county's three courts consistent with local practice (LR71-AR1-1001). The Probate Court is still the central local court for estate questions.
Do I file in South Bend or Mishawaka?
Ask the clerk if you are unsure. South Bend filings may go through the Probate Court at 1000 South Michigan Street or the clerk's office at 101 South Main Street. Estate cases designated for Mishawaka go to the Superior Court civil judge sitting in Mishawaka, and the clerk's Mishawaka office is at 219 Lincolnway West (LR71-AR1-1001).
Do I need a lawyer to be a personal representative in St. Joseph County?
Usually, yes. The local rule says no personal representative may proceed without counsel unless the court approves in advance (LR71-PR00-602.5). That is a St. Joseph County rule, not a statewide statement about every Indiana county.
What do I have to bring to the probate counter in South Bend?
The Probate Court's estate form asks for the original will, a check for $177, current since July 1, 2017, payable to the St. Joseph County Clerk under IC 33-37-4-7 and IC 33-37-5, addressed envelopes for heirs and, if needed, creditors, prepaid certified postage if you want certified service, and a separate $28 check to the St. Joseph County Sheriff for copy service under IC 33-37-5-15.
Is there a charge to have a will admitted to probate if I am not opening an administration?
The Probate Court's own form marks 'Spread the Will Only' as a no charge filing. That is the local term for offering a will for probate and having it entered of record without opening an administration. Indiana law also says a clerk may not collect a court costs fee for offering a will for probate when no proceedings other than admitting the will are needed (IC 33-37-4-7(c)).
Can I file the probate paperwork electronically in St. Joseph County?
Attorneys file electronically. People representing themselves are not required to e-file statewide, but are encouraged to do so (Ind. Trial Rule 87). The Circuit and Superior Courts use the statewide system, while the Probate Court uses its own electronic case system called QUEST. Ask the Probate Court Clerk which route applies to your case.
Will I need to post a bond in an unsupervised estate in St. Joseph County?
Possibly. In St. Joseph County, bond is required in an unsupervised estate unless the personal representative is the sole beneficiary or the court orders otherwise. The court may waive bond or set the amount in its discretion (LR71-PR00-603.4).
How do I look up a St. Joseph County estate case online?
Search the decedent's name on MyCase at mycase.in.gov. Estate cases appear as EU, ES or EM. If the file was opened in the St. Joseph Probate Court and you cannot find what you need online, call the Probate Court Clerk or ask at the counter, because Probate Court files kept electronically are open for inspection unless a statute or court order makes them confidential (LR71-AR16-702.3).
Can I attend a St. Joseph County probate hearing by phone or video?
Ask before the hearing is set. Indiana courts may hold a hearing that takes no testimony remotely at the court's discretion, and testimony may be taken remotely only for good cause or by the parties' agreement (Ind. Administrative Rule 14). St. Joseph County does not publish a standing probate hearing arrangement for remote appearances.
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.