ProbateUS
Probate Court

Daviess County

Indiana

812-254-8664

Court Location & Contact

Address

200 E Walnut Street, Washington, IN 47501

Visit Official Court Website

Probate Guide

Probate in Daviess County, Indiana

The Daviess 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 Daviess 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 Daviess County

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

  2. File a petition with the Daviess 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 Daviess County Probate Court procedures can help navigate the process efficiently.

Resources

For more information about the probate process, visit the Daviess 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

The Clerk's Office is the record-keeper for all county-level court cases - civil, criminal, traffic tickets, estates, guardianships, and juveniles. Probate matters are filed and maintained by the Daviess County Clerk's Office.

Office Hours

Monday-Friday8 am to 4 pm

FAQ

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

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

How much does probate cost in Daviess County?

Probate filing fees in Daviess 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 Daviess 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 Daviess 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
View all Indiana attorneys →