Detailed answer: Documents required to apply for probate appointment and oath in Indiana

Short answer: To open probate and obtain appointment as a personal representative (executor or administrator) in Indiana you will typically file a petition with the probate court where the decedent lived, and attach the original will (if any), a certified death certificate, a proposed order appointing the personal representative, an acceptance of appointment and oath (or bond if required), and any required notice/consent documents. Local courts may require additional local forms. This article explains which documents you will usually need, why the court needs each item, and where to look in Indiana law and local court rules.

What law governs this in Indiana?

Indiana’s probate statutes are in Indiana Code Title 29 (Probate). You can review the statutes at the Indiana General Assembly website: Indiana Code Title 29 (Probate). Local probate courts also publish required forms and filing procedures—check your county court’s probate division or the Indiana Judicial Branch site for forms and instructions: Indiana Judicial Branch.

Typical documents required to apply for appointment and take the oath

The exact names and formats vary by county, but the list below covers the documents most Indiana probate courts expect when you file for appointment and oath as a personal representative.

Death certificate (certified): A certified copy of the decedent’s death certificate. Courts require a certified copy to prove the person has died.
Original will (if one exists): The original signed will should be filed with the court for probate. If the will cannot be located, you must explain that in your petition.
Petition for Probate / Petition for Appointment of Personal Representative: This is the formal court pleading requesting the court admit the will (if any) and appoint you as personal representative. The petition identifies the decedent, lists heirs and devisees, and states whether the decedent left a will.
Order for Appointment / Proposed Order: Many courts want a proposed signed order the judge can sign admitting the will and appointing the personal representative or issuing letters of administration.
Acceptance of Appointment and Oath: The appointed personal representative must sign an acceptance of appointment and take the oath required by law. Courts commonly provide a form for the oath or acceptance; it may be filed immediately or signed in court at the appointment hearing.
Bond or surety documentation (if required): Indiana law permits the court to require a surety bond for the personal representative unless the will waives bond or those entitled to the estate agree to waive it. If the will waives bond, file the will language or a waiver signed by interested parties. If a bond is required, file the bond form and the surety’s certificate.
Notices, waivers, and consents: The court needs proof that required parties received notice of the probate proceeding (for example, notice to heirs or creditors). In many cases heirs or beneficiaries can sign written waivers or consents in place of a formal notice. Keep signed waivers/consents and proof of service copies with the filing.
List of heirs and beneficiaries: The petition usually asks for names and addresses of heirs and beneficiaries (people entitled to notice). Provide a clear list to help the court and to allow the clerk to issue required notices.
Identification and contact information: Most courts ask for the personal representative’s contact info and a government ID to confirm identity for the court file.
Filing fee or request to waive fee: Probate filings carry a statutory filing fee. Prepare to pay the fee or file a request to have fees waived if indigency rules apply under local procedures.
Local-court-specific forms: Many Indiana counties provide their own probate intake forms, cover sheets, or checklists. Always confirm with the local clerk of court so you assemble every required local document.

How the documents work together — a short step-by-step example (hypothetical)

Example: Jane files to be appointed personal representative after her mother, Mary, died leaving a will. Jane brings:

Mary’s certified death certificate.
Mary’s original will (filed with the petition requesting probate).
Petition for Probate and for Issuance of Letters (completed and signed).
A proposed order admitting the will and appointing Jane.
Jane’s signed Acceptance of Appointment and Oath (or Jane takes the oath at the hearing).
Proof of service or signed waivers from the beneficiaries listed in the will.
If the will waives bond, Jane attaches the will provision waiving bond; otherwise Jane files a bond with a surety company and the bond paperwork.

After the judge signs the order, the court clerk issues Letters Testamentary or Letters of Administration showing Jane’s authority to act for the estate.

Statute references and bond/waiver basics

Indiana’s probate statutes govern appointment, bond, and duties of a personal representative. See Indiana Code Title 29 for probate rules and specific sections on appointment and bonds: Indiana Code Title 29 (Probate). Many of the practical filing requirements and forms come from your county’s probate clerk—check the local court website or contact the clerk for county-specific instructions and forms.

Common pitfalls to avoid

Not bringing the original will. Courts generally want the original will, not a copy.
Failing to include a certified death certificate. A hospital or funeral home can usually provide certified copies.
Missing local forms. County clerks sometimes reject filings that lack a county cover sheet or local checklist.
Skipping notices. If required parties don’t get proper notice, the court may delay appointment or set a hearing.
Assuming bond is always waived. A will can waive bond, but the court may still require bond in some situations or creditors/beneficiaries may object.

Helpful Hints

Contact the probate clerk in the county where the decedent lived before you file. They can provide the exact forms and fee amount for your court.
Bring the original will. If the will is lost, be prepared to explain the circumstances to the court and consider an affidavit describing attempts to find it.
Obtain several certified copies of the death certificate—personal representatives need certified copies for banks and government agencies.
If the will waives bond, include the will’s waiver clause with the petition and ensure beneficiaries sign any required acknowledgments.
Prepare a clean list of heirs and beneficiaries with addresses. The court and creditors will use this to send notices.
Ask whether the court offers same-day intake or scheduled appointment hearings. Some counties require a hearing for appointment while others allow routine appointments by submission.
Keep copies of everything you file and get stamped “filed” copies from the clerk for your records and for banks or financial institutions.
When in doubt, consult a probate attorney in your county for advice on unusual issues (lost wills, contested appointments, estate taxes, or complex assets).

Disclaimer: This article explains general Indiana probate practice and is for informational purposes only. It is not legal advice. Laws and court procedures change. Consult a licensed Indiana attorney or your local probate clerk to address your specific situation.