ProbateUS
Probate Court

Allen County

Indiana

260-449-7245

Fax

260-449-7658

Court Location & Contact

Address

715 S. Calhoun Street, Fort Wayne, IN 46802

Fax

260-449-7658

Visit Official Court Website

Filing Fees

Allen County, Indiana

Fee TypeAmount
Estate – Supervised Administration$177.00
Estate – Unsupervised Administration$177.00

Judges & Officers

JL
Jennifer L. DeGroote
CJ
Craig J. Bobay
JC
Jason C. Custer
BA
Brent A. Ecenbarger
SO
Steven O. Godfrey
FC
Frances C. Gull
LK
Lori K. Morgan
AS
Andrew S. Williams
DM
David M. Zent
AN
Ashley N. Hand

Required Forms

Affidavit for Notice on Final Settlement (Revised 2015)
Affidavit for Transfer of Assets Without Administration (Revised 2023)
Consent to Unsupervised Administration (Revised 2015)
Estate Claim (Revised 2021)
Final Decree (Revised 2015)
General Information Regarding Wills and the Administration of Estates in Allen County (Revised 2024)
Guardian's Oath (Revised 2021)
Guardianship Information Sheet
Inventory (Revised 2015)
Letters of Guardianship (Revised 2015)
Notice of Administration for Publication (Revised 2015)
Notice of Filing of Petition for Guardian Appointment and Hearing Thereof (2022)
Notice of Final Report in Estate (Revised 2015)
Notice of Supervised Administration (Revised 2023)
Notice of Unsupervised Administration to be Mailed to a Creditor (Revised 2023)
Notice of Unsupervised Administration to be Mailed to a Distributee (Revised 2023)
Notice to Clerk on Estate Claim (Revised 2015)
Oath and Acceptance of Trust (2022)
Order Appointing Personal Representative (Revised 2015)
Personal Representative Letters (Revised 2015)
Personal Representative Oath (Revised 2021)
Petition for Appointment of Personal Representative (Revised 2015)
Petition for Probate of Will – E-Filed (Revised 2018)
Petition for Probate of Will – Not E-Filed (Revised 2018)
Probate of Codicil to a Will (Revised 2015)
Probate of Will (Revised 2015)

Probate Guide

Probate in Allen County, Indiana

The Allen County Probate Court handles all matters related to the estates of deceased persons, including the validation of wills, appointment of executors and administrators, and the supervised distribution of assets. If you need to file for probate in Allen County, IN, this guide covers what you need to know.

What Is Probate?

Probate is the legal process of settling a deceased person's estate. It involves validating the will (if one exists), identifying and inventorying assets, paying debts and taxes, and distributing remaining property to heirs and beneficiaries. In Indiana, the probate court in each county oversees this process.

When Is Probate Required in Indiana?

Probate is generally required when:

  • The deceased owned real estate solely in their name

  • The estate contains assets above Indiana's small estate threshold

  • There are disputes among heirs or creditors

  • Assets are not held in a trust or joint tenancy

Steps to File for Probate in Allen County

  1. Locate the will (if one exists) and gather the death certificate

  2. File a petition with the Allen County Probate Court to open probate

  3. Notify heirs and creditors as required by Indiana law

  4. Inventory the estate — identify all assets, debts, and liabilities

  5. Pay debts and taxes — settle outstanding obligations from estate funds

  6. Distribute remaining assets — according to the will or state intestacy laws

  7. Close the estate — file a final accounting with the court

How Long Does Probate Take?

In Indiana, probate typically takes 6 to 18 months depending on the complexity of the estate. Simple estates with no disputes may be resolved faster, while contested wills or complex asset distributions can take longer.

Do You Need a Probate Attorney?

While Indiana does not always require an attorney for probate, it is strongly recommended, especially for estates with significant assets, real estate, business interests, or potential disputes. A local probate attorney familiar with Allen County Probate Court procedures can help navigate the process efficiently.

Resources

For more information about the probate process, visit the Allen County Probate Court directly or consult with a local probate attorney. You can also explore tools like EverSettled for step-by-step estate settlement guidance.

Additional Notes

Probate cases are handled in the Civil Division of the Allen Superior Court. Most hearings take place in Courthouse Rooms 106. The Probate Division supervises the administration of estates, trusts and guardianships and handles probate litigation including will contests.

Office Hours

Monday-Friday8:00 AM - 4:30 PM

FAQ

Where do I file for probate in Allen County, IN?

Probate petitions for estates in Allen County are filed at the Allen County Probate Court. Contact the court directly for filing instructions and office hours.

How much does probate cost in Allen County?

Probate filing fees in Allen County, Indiana vary based on the estate value and type of petition. Contact the probate court clerk for the current fee schedule.

How long does probate take in Indiana?

Probate in Indiana typically takes 6 to 18 months. Timeline depends on estate complexity, creditor claims, and whether the will is contested.

Can I avoid probate?

Assets held in trusts, joint tenancy, or with designated beneficiaries (like life insurance and retirement accounts) can pass outside of probate. Consult with an estate planning attorney for strategies specific to your situation.

Do I need a lawyer for probate in Allen County?

While not always legally required in Indiana, a probate attorney is recommended for most estates, especially those involving real estate, business interests, or potential disputes among heirs.

What happens if someone dies without a will?

When someone dies intestate (without a will) in Indiana, their assets are distributed according to state intestacy laws. The Allen County Probate Court will appoint an administrator to manage the estate.

Probate Attorneys

ACTEC Fellows in Indiana

Aline Anderson

Attorney at Law

Indianapolis

Brian Carroll

Johnson, Carroll, Norton, Kent & Goedde, P.C.

Evansville

Brian Hewitt

Hewitt Law & Mediation, LLC

Greenwood

Business PlanningFiduciary Litigation+2

C. Daniel (Dan) Yates

Bose McKinney & Evans LLP

Indianapolis

Charles David DuMond

Indianapolis

Estate PlanningTrust & Probate Law
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