ProbateUS
Probate Court

Allen County

Indiana

260-449-7245

Fax

260-449-7658

Probate Records

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Court Location & Contact

Address

715 S. Calhoun Street, Fort Wayne, IN 46802

Fax

260-449-7658

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

Probate Forms Library

46 fillable forms — scroll to browse

15.00Affidavit of Transfer to Real Estate Checklist (PDF)countyDownload
1.1In Care of Change of Address Affidavit (PDF)countyDownload
1041Accumulation Distribution for Certain Complex TrustsfederalDownload
1041-TAllocation of Estimated Tax Payments to BeneficiariesfederalDownload
1041Alternative Minimum Tax — Estates and TrustsfederalDownload
Application For Burial BenefitsfederalDownload
SSA-4Application for Child's Insurance BenefitsfederalDownload
SF 2800Application for Death Benefits (CSRS)federalDownload
SF 3104Application for Death Benefits (FERS)federalDownload
Application For DIC, Survivors Pension And/Or Accrued BenefitsfederalDownload
SS-4Application for Employer Identification NumberfederalDownload
706Application for Extension of Time To File a Return and/or Pay U.S. Estate TaxesfederalDownload
SSA-10Application for Widow's or Widower's Insurance BenefitsfederalDownload
1041Beneficiary's Share of Income, Deductions, Credits, etc.federalDownload
1041Capital Gains and Losses (Estates and Trusts)federalDownload
706-CECertification of Payment of Foreign Death TaxfederalDownload
FE6Claim for Death Benefits (FEGLI)federalDownload
VA40-1330Claim For Standard Government Headstone Or MarkerfederalDownload
SF 2818Continuation of Life Insurance Coverage as AnnuitantfederalDownload
FE7Designation Of Beneficiary (FEGLI)federalDownload
SF 2823Designation Of Beneficiary Federal Employees' Group Life InsurancefederalDownload
FS 5336Disposition of Treasury Securities Belonging to a Decedent's Estate Being Settled Without AdministrationfederalDownload
8855Election To Treat a Qualified Revocable Trust as Part of an EstatefederalDownload
1041Estimated Income Tax for Estates and TrustsfederalDownload
706Generation-Skipping Transfer Tax (Form 706)federalDownload
706-GSGeneration-Skipping Transfer Tax Return for DistributionsfederalDownload
706-GSGeneration-Skipping Transfer Tax Return for TerminationsfederalDownload
8971Information Regarding Beneficiaries Acquiring Property From a DecedentfederalDownload
56Notice Concerning Fiduciary RelationshipfederalDownload
706-GSNotification of Distribution From a Generation-Skipping TrustfederalDownload
1041-VPayment Voucher (Estate or Trust)federalDownload
I-360Petition For Amerasian, Widow(er), Or Special ImmigrantfederalDownload
2848Power of Attorney and Declaration of RepresentativefederalDownload
FS 1455Request By Owner or Person Entitled to Payment for Reissue of United States Savings BondsfederalDownload
706 HASRequest for Discharge From Personal Liability Under IRC 2204 or 6905federalDownload
4810Request For Prompt Assessment Under Internal Revenue Code Section 6501(d)federalDownload
FS 1522Special Form of Request for Payment of United States Savings and Retirement SecuritiesfederalDownload
SSA-721Statement of Death by Funeral DirectorfederalDownload
1310Statement of Person Claiming Refund Due a Deceased TaxpayerfederalDownload
706-NAU.S. Estate Tax Return for Nonresident Not a Citizen of the U.S.federalDownload
706-QDTU.S. Estate Tax Return for Qualified Domestic TrustsfederalDownload
1041 UU.S. Income Tax Return for Estates and TrustsfederalDownload
1041-AU.S. Information Return Trust Accumulation of Charitable AmountsfederalDownload
706-AUnited States Additional Estate Tax ReturnfederalDownload
706 UNITEDUnited States Estate (and Generation-Skipping Transfer) Tax ReturnfederalDownload
709United States Gift (and Generation-Skipping Transfer) Tax ReturnfederalDownload

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

Closest to this court, Indiana

Daniel (Dan) Gordon

Gordon & Associates

Bluffton · 21 mi

Richard (Rich) Urda

May, Oberfell, Lorber

Mishawaka · 69 mi

General Trust & EstateEmployee Benefits+1

Jennifer VanderVeen

Vanderveen Elder Law LLC

Mishawaka · 69 mi

Elder LawGeneral Trust & Estate+1

Peter Donahoe

Donahoe Irvin PC

Carmel · 92 mi

General Trust & EstateBusiness Planning+1

John Cremer

Cremer & Cremer

Fishers · 93 mi

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