Monroe County, Indiana

We strongly encourage parties seek legal counsel.

Last Wills Filed into a Monroe Circuit Court Case

Public Access: Last Will and Testaments are usually public access records filed into estate cases.

Wills Deposited with the Clerk

I.C. 29-1-7-3.1 allows a person to deposit a Will and/or Codicil (hereinafter "will") with the Circuit Court Clerk in which the testator resided when the Will was executed. The Circuit Court Clerk DOES NOT have to determine whether his or her county is the right place for the filing. The statute allows the Circuit Court Clerk to assume, without inquiring further, the depositor of the Will is correct about the testator's county of residence. The applicable fee is $25.00 for the deposit of the Will. 

Public Access: Public access to the Will is not allowed because the deposited Will is not a public record under I.C. 5-14-3. Testator's or authorized person's access: During the testator's lifetime, the Clerk must keep the envelope containing the Will sealed and deliver the envelope ONLY to the testator or a person authorized in writing, signed by the testator, to receive the envelope. After the death of the testator, the Clerk may deliver the Will to the Court that has jurisdiction of the administration of the decedent's estate. 

Case Type Quick Reference Guide

Consents to Transfer Please check with the financial institution or entity to see if a probate case is required. A consent to transfer with a notarized affidavit may be all that is necessary to access assets.

DOR: Inheritance Tax Forms

Estate Claim Form

Fiduciary Form

Court Costs

Courts: Online Services

E-file Support Contact: Support@odysseyfileandserve.zendesk.com

Free or Reduced Legal Services 

Indiana Rules of Court Rules of Trial Procedure

Monroe Circuit Court Local Rules

Glossary of Legal Terms

Self-Help Forms and Resources

Motion for a Continuance of Hearing

Request for Remote Hearing (either by phone or computer)

Process of Service Video 

*Please note the applicable Sheriff Service fee of $28 is to be paid to the Circuit Court Clerk. The fee is paid to the county which has jurisdiction of the case. Parties are to take proof of payment and copies to the County Sheriff's Office in which the party to be served lives. For more details, contact the Circuit Court Clerk or indianalegalhelp.org

Guardianship (GU)

Guardianship Forms

Biennial Report for Guardians (2 Yr Status)

Guardianship Information Sheet is required pursuant to Trial Rule 3.1(A)

Additional Guardianship Information - Monroe County Prosecutor's Office

****************************************************************************************************

Mental Health (MH)

****************************************************************************************************

Estate Miscellaneous (EM) no filing fee applies and this case type is often filed for Small Estate Affidavit

Small Estate Information

Our office cannot give legal advice and we strongly encourage filers to seek legal counsel. In Indiana, a small estate is an estate that has a value of $100,000 or less after liens, encumbrances, and reasonable funeral expenses are subtracted.  All joint assets and beneficiary designations are not included in the $100,000 estate amount. Beneficiary designations include life insurance and joint assets. 

Unsupervised Estate (EU)

Supervised Estate (ES)

Trust (TR)

Failure to Rule on Motion 

These Trial Rules are officially titled “Failure to rule on motion” and “Time for holding issue under advisement; delay of entering a judgment” but are commonly known as the “lazy judge” rules.