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Washington County, IN Probate Information
Quick facts
| Item | Washington County information |
|---|---|
| Court for estate cases | Washington Circuit Court, under LR88-AR01-9, which assigns all estates to the Circuit Court. |
| Clerk's office | Washington County Clerk, 801 S. Jackson Street, Suite 102, Salem, IN 47167. |
| Mailing address | Use the Clerk's office address: 801 S. Jackson Street, Suite 102, Salem, IN 47167. |
| Phone | (812) 883-5748. |
| [email protected]. | |
| Hours | Monday through Friday, 8:00 a.m. to 4:00 p.m., Eastern time. No lunch closure is published. |
| Court cost to open an estate | $177, current through the 2026 legislative session, for a petition for probate of will and issuance of letters or for letters of administration under IC 33-37-4-7 and IC 33-37-5. Sheriff service adds $28, current through the 2026 legislative session, when required under IC 33-37-5-15. |
| Local forms | No Washington County probate packet, cover sheet or prescribed local probate form is published in the county local rules or on the county pages described for probate filings. |
| E-filing | Attorneys use the Indiana E-Filing System. Unrepresented litigants are encouraged, but not required, to use e-filing under Ind. Trial Rule 87. |
| Case search | MyCase at https://mycase.in.gov/ shows public Indiana estate cases, including EU, ES and EM case types. |
| Remote appearance | No Washington County probate remote-appearance rule is published in the local rules. Indiana courts may allow remote non-testimonial hearings under Ind. Administrative Rule 14. |
| Website | Indiana Judicial Branch Washington County page: https://www.in.gov/courts/local/washington-county/. County Clerk page: https://washingtoncounty.in.gov/government/laws_courts_and_justice/court_clerk.php. |
Before you begin — know the assets and liabilities
Before you file in Salem, identify the probate assets, known debts, beneficiaries, possible creditors and whether anyone may object to the proposed personal representative. Washington County does not publish a local probate packet, so the first estate settlement task is usually to organize the facts that an Indiana petition and notices will need.
Sunset helps families find accounts and assets across more than 2,300 financial institutions, then uses that information to help assemble an estate settlement plan before the clerk's counter or e-filing step.
Which court handles jurisdiction
Washington County is served from the courthouse in Salem. The county has both a Circuit Court and a Superior Court, but Washington County's caseload allocation rule assigns all estate cases to the Washington Circuit Court and all guardianships to the Washington Superior Court.
Venue for probating a will or administering an estate is the Indiana county where the decedent was domiciled at death, or, for a nonresident decedent, a county where Indiana property is located or later comes into the estate (IC 29-1-7-1). If the decedent was domiciled in Washington County, file the estate matter through the Washington County Clerk in Salem.
The jurisdiction process
- Decide what needs to be filed. If the estate needs a personal representative, prepare the Indiana petition for probate of will and issuance of letters testamentary, or the petition for letters of general administration. Washington County does not add a local probate packet or cover sheet.
- File with the Washington County Clerk at 801 S. Jackson Street, Suite 102, Salem, IN 47167, or through the Indiana E-Filing System if you are using e-filing. Attorneys use IEFS. Unrepresented litigants may e-file but can ask the clerk about conventional filing options under Ind. Trial Rule 87.
- Pay the court cost for the estate filing when required. A petition for probate of will and issuance of letters or a petition for letters of administration carries $177, current through the 2026 legislative session, under IC 33-37-4-7 and IC 33-37-5. If sheriff service is needed, the additional service fee is $28, current through the 2026 legislative session, under IC 33-37-5-15.
- If a will is submitted through IEFS, file an accurate copy of the will and the affidavit required by Ind. Trial Rule 87(E). The filer keeps the original will until the estate is closed and the personal representative is released from liability, or until the time for a will contest has expired, whichever is later, unless the court orders otherwise.
- After letters testamentary or letters of general administration are issued, 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 notices on heirs, devisees, legatees and known creditors as Indiana law requires.
- Ask the Washington Circuit Court or clerk how the first hearing, if any, will be scheduled. The local rules do not publish a probate hearing day. Under Ind. Administrative Rule 14, non-testimonial hearings may be held remotely at the court's discretion, while testimonial hearings are in person unless the court finds good cause or the parties agree.
- Once the court appoints a personal representative, the clerk attests and seals the letters testamentary or letters of general administration. Those letters are the proof of authority to gather assets, deal with banks, sell or transfer estate property as allowed, and manage claims (IC 29-1-10-4).
- Administer the estate by preparing the inventory within the statewide deadline, paying allowed claims, handling taxes and expenses, distributing property, and closing through the appropriate Indiana closing statement or final settlement process. A clean closing step is part of estate settlement, not an afterthought.
Forms and documents
Probate forms in Washington County
Washington County does not publish a county probate packet, probate cover sheet or required local probate form in its current local rules or on the county pages described for probate filings. The county's local probate fact is the court assignment: estate cases go to the Washington Circuit Court under LR88-AR01-9.
Indiana does not have a statewide court-approved probate form set for opening a full estate. Indiana Legal Help publishes the statewide small estate affidavit, CCA-EM-0722-5000, for qualifying transfers without administration. That affidavit is not filed with the court; it is presented to the bank, insurer or other holder of property under IC 29-1-8-1 and IC 29-1-8-2.
Local nuance
Washington County-specific considerations
| Local point | What it means |
|---|---|
| Estate cases go to Circuit Court | LR88-AR01-9 assigns all estates to the Washington Circuit Court. |
| Guardianships go to Superior Court | The same local rule assigns all guardianships to the Washington Superior Court. If an estate settlement also involves a minor or protected person, expect separate court assignments. |
| One clerk's counter | The Washington County Clerk serves both the Circuit Court and the Superior Court, so filings still start with the same clerk's office in Salem. |
| No local PR00 probate rule family | Washington County's current local rules do not add a probate inventory rule, bond rule, attorney requirement, local forms or probate appendices. |
Recent updates
| Date | Local update |
|---|---|
| January 1, 2026 | Washington County's amended caseload allocation rule, LR88-AR01-9, assigns all estate cases to the Washington Circuit Court and all guardianships to the Washington Superior Court. |
Scenarios
| Scenario | Likely Washington County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by separating probate assets from jointly owned or beneficiary-designated assets. If a court estate is needed, file through the Washington County Clerk in Salem, with the estate assigned to the Washington Circuit Court under LR88-AR01-9. | Sunset helps identify accounts, debts and title questions so the spouse can see whether full probate is needed and what belongs in the estate settlement plan. |
| Out-of-state adult child with small estate | A nonresident personal representative may serve in Indiana by filing a written acceptance, appointing an Indiana resident agent and addressing bond under IC 29-1-10-1(d). If the matter can use the Indiana Legal Help small estate affidavit, that affidavit goes to the property holder, not to the court. | Sunset helps gather institution details, organize the affidavit or probate packet, and coordinate with a local attorney when distance, bond or resident-agent questions make the filing harder. |
| Parent settling predeceased child's estate, home must be sold | File the estate through the Washington County Clerk for assignment to the Washington Circuit Court. If the sale is needed to pay debts or administration costs, watch the statewide real-property timing rule in IC 29-1-7-15.1(b). If a minor beneficiary needs a guardianship, that case is assigned locally to the Washington Superior Court. | Sunset helps build the asset list, prepare the filing packet, and connect the family with a Washington County probate attorney for the real-estate sale and any related guardianship issue. |
Self-help resources
| Resource | How it helps | Link or contact |
|---|---|---|
| Indiana Judicial Branch, Washington County | Current local rules, local court links, e-filing link and MyCase link for Washington County. | https://www.in.gov/courts/local/washington-county/ |
| Washington County Clerk | Filing counter for estate cases, office hours, phone and clerk email. | 801 S. Jackson Street, Suite 102, Salem, IN 47167. Phone: (812) 883-5748. Email: [email protected]. |
| Indiana Legal Help, Estate | Small estate affidavit CCA-EM-0722-5000, Probate FAQ and Small Estate FAQ. | https://indianalegalhelp.org/legal-topic-category/estate-2/ |
| MyCase | Search public Indiana estate cases by name or case number. | https://mycase.in.gov/ |
| Indiana Legal Services, New Albany office | Free civil legal help for eligible low-income Hoosiers in Washington County and other listed counties served by the New Albany office. | 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. | https://indiana.freelegalanswers.org/ |
When to hire an attorney
Washington County does not publish a local rule requiring counsel for every probate filing, but an attorney is often worth involving when the estate is supervised, creditors may object, real estate must be sold, a nonresident personal representative needs resident-agent and bond planning, or a guardianship may be needed in the Superior Court alongside the estate in the Circuit Court. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help identify accounts, insurance, investments and debts that may affect whether probate is needed and what belongs in the estate.
Generate the probate packet. Sunset turns the asset and family information into a county-aware estate settlement packet, including the Washington County filing location and the local rule that sends estates to the Washington Circuit Court.
Find a local probate attorney. When a family needs help with supervised administration, real estate, creditor disputes, nonresident fiduciary issues or a related guardianship, Sunset can help connect the family with local probate counsel.
Sunset is free for families. Families can use Sunset to organize estate settlement, find assets, prepare next steps and decide whether attorney help is needed without paying Sunset.
Frequently asked questions
Where do I file to probate a will in Washington County, Indiana?
File through the Washington County Clerk at 801 S. Jackson Street, Suite 102, Salem, IN 47167. Washington County's local caseload rule assigns estate cases to the Washington Circuit Court.
Does the Washington Circuit Court or Washington Superior Court hear estate cases?
Estate cases go to the Washington Circuit Court under LR88-AR01-9. Guardianship cases go to the Washington Superior Court, which matters if an estate also involves a minor or protected person.
When is the clerk's office in Salem open?
The Washington County Clerk's office is open Monday through Friday, 8:00 a.m. to 4:00 p.m., Eastern time. The published county page does not list a lunch closure.
Can I file a Washington County estate case myself, or do I have to e-file?
No Washington County local rule requires counsel for every probate filing. Attorneys file electronically through IEFS. If you are not represented, Ind. Trial Rule 87 encourages e-filing but does not require it.
What does it cost to open an estate in Washington County?
A petition for probate of will and issuance of letters or a petition for letters of administration carries $177, current through the 2026 legislative session, under IC 33-37-4-7 and IC 33-37-5. If sheriff service is needed, the added service fee is $28, current through the 2026 legislative session, under IC 33-37-5-15.
Does Washington County have its own probate forms?
Washington County does not publish a local probate packet, cover sheet or required probate form in its current local rules or county pages. Indiana Legal Help's small estate affidavit, CCA-EM-0722-5000, is statewide, but it is given to the holder of property rather than filed with the court.
Can I look up a Washington County estate case online?
Yes. Search MyCase at https://mycase.in.gov/ for public estate cases. Indiana estate case types include EU, ES and EM.
Will I have to appear in person at the courthouse in Salem?
Possibly. Washington County does not publish a probate-specific remote-appearance rule in its local rules. Under Ind. Administrative Rule 14, a non-testimonial probate hearing may be held remotely at the court's discretion, while a hearing with sworn oral testimony is in person unless the court finds good cause or the parties agree.
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.