Detailed Answer
During Indiana probate administration, you must provide the court with the decedent’s last will. Indiana law recognizes two scenarios: the original will is in your possession, or the clerk of the court holds a filed copy. Follow these steps to obtain and submit the will:
- Locate the Original Will
Search the decedent’s personal files, safe deposit box, or attorney’s office. If you find the original, keep it in a secure, dry place until filing. - Obtain a Filed Copy
If the original was previously deposited with the county clerk, request a certified copy. Under Indiana Code § 29-1-5-6, the clerk must keep wills in a secure envelope. You can visit or write to the clerk of the circuit court in the county where the decedent lived. To learn more, see Indiana Code § 29-1-5-6: https://iga.in.gov/laws/2023/ic/titles/029#29-1-5-6. - File the Will with the Probate Court
Prepare a Petition for Probate of Will and Appointment of Personal Representative. Attach the original will or the certified copy to your petition. File these documents with the clerk of the circuit or superior court in the county where the decedent resided. See Indiana Code § 29-1-3-1: https://iga.in.gov/laws/2023/ic/titles/029#29-1-3-1. - Serve Notice and Attend Hearing
After filing, the court sets a hearing date. You must notify all heirs and beneficiaries by certified mail at least ten days before the hearing. If the court admits the will to probate, it issues Letters of Administration or Letters Testamentary. - Record the Will
Once the court admits the will, the clerk records it in the probate records as required by Indiana Code § 29-1-5-4. You can then obtain certified copies of the recorded will for asset transfer and estate administration.
Disclaimer: This information is for educational purposes only. It does not constitute legal advice. Consult an attorney to address your specific situation.
Helpful Hints
- Check any safe deposit boxes within 30 days of the decedent’s death to avoid penalty under IC § 29-1-5-6.
- Request certified copies early; processing times vary by county.
- Maintain proof of service when you notify heirs and beneficiaries.
- Keep multiple certified copies on hand for banks, title companies, and other institutions.
- Confirm filing fees and format requirements with the court clerk before submission.