Marion County Probate Records

Probate records are a type of Marion County court records related to the administration of a deceased person's estate. When someone dies, their estate may go through a legal process (probate) to pay debts and transfer assets to heirs. The records generated in this process include documents such as the petition for probate, the decedent's will, estate inventories, letters testamentary or of administration, and the estate's final accounting. These records detail the deceased's assets, debts, beneficiaries, and the personal representative's actions. In Indiana, the probate court's jurisdiction often extends to related matters like guardianships and conservatorships. For example, the same Court may handle guardianship of minors or incapacitated adults as part of its probate caseload. Probate records are essential because they create an official history of how an estate was settled, which can be vital for heirs, creditors, and others interested in the estate.

In Marion County, Indiana, there are different pathways for probate, generally falling under supervised (formal) or unsupervised (informal) administration of an estate. An unsupervised probate (often considered the "informal" route) allows the personal representative to administer the estate with minimal court intervention. This is typically allowed when certain conditions are met – for example, if the will requests unsupervised administration or all heirs consent to it, the estate is solvent, and the personal representative is qualified. Under Indiana law (Ind. Code § 29-1-7.5-2), a court may grant unsupervised administration when those requirements are satisfied, meaning the personal representative can act independently without seeking court approval at every step. By contrast, supervised probate (formal administration) is required if the above conditions aren't met or the Court or the will mandates supervision. In a supervised proceeding, the personal representative must obtain court approval for major actions and file more reports, which tends to make the process longer and more closely overseen by the judge.

Indiana law also provides alternatives to full probate. One common shortcut is the small estate affidavit process. Under Ind. Code § 29-1-8-1 (sometimes called "dispensing with administration"), if a decedent's probate assets are below a certain value, heirs can collect assets without opening a probate case by using an affidavit. As of 2022, Indiana allows this small estate procedure for estates worth $100,000 or less (for deaths after June 30, 2022; previously, the limit was $50,000). Using a small estate affidavit (allowed 45 days after death) lets beneficiaries claim assets directly, avoiding the formal court process. In summary, Marion County estates may be handled as formal probate (court-supervised), informal probate (unsupervised administration), or possibly bypass probate entirely if qualifying as a small estate under Indiana law.

Are Probate Records Public?

Indiana court records are generally public unless specifically made confidential by statute or court rule. The Indiana Supreme Court's Access to Court Records Rules operate under the presumption that most court records are open to public access. This means that probate case records are public in most instances. Once a probate case has been opened and documents filed, any member of the public can review the case file and obtain copies of filings (such as the will, petitions, inventories, etc.), either by accessing them online or by requesting them from the court clerk.

However, there are important exceptions to public access. Certain records are confidential by law or court order despite being filed in a probate or family court. For example, if a probate file contains sensitive personal information (social security numbers, minor children's identifying information, etc.), Indiana Administrative Rule 9(G) requires that information be redacted or filed in a confidential manner. Additionally, adoption proceedings (which in some counties fall under probate jurisdiction) are closed to the public by statute – for instance, a petition for adoption and related reports are confidential under Indiana law. Similarly, if a probate case involves guardianship or incapacitated persons, some medical records or personal details in those filings may be kept confidential to protect privacy. In general, though, estate probate records (wills, inventories, accounts) are not sealed and can be inspected by the public. Indiana's public records law and court rules ensure openness while carving out protections for particularly sensitive data. If a record is confidential, a person seeking access would need a court order or must be an authorized party to view it. For all other probate records, the default is openness – the public can view filings during the Court's business hours or through online systems as available.

What is Probate Court in Marion County?

A dedicated probate court within the county's court system handles probate matters in Marion County. Unlike most Indiana counties where the Circuit Court handles probate, Marion County has a separate Probate Division of the Superior Court. This is commonly referred to as Marion Superior Court, Probate Division (Court 8). The Probate Division has jurisdiction over estate cases (both supervised and unsupervised estates), adult guardianships, and related probate proceedings in Marion County.

The Marion County Probate Court (and Clerk's probate office) is located in the Indianapolis City-County Building downtown at:

200 East Washington Street,
Indianapolis, IN 46204

This is the main courthouse where probate filings are made, and probate hearings are held. The Clerk of the Court's general office can be reached at (317) 327-4740 for probate case inquiries. (Note: as of recent updates, some court operations in Marion County have moved to the new Community Justice Campus, but probate and civil matters are still handled at the City-County Building.

Probate Court Case Lookup

Information about a probate case in Marion County can be found in several ways. The most convenient method is using Indiana's online case search portal,

MyCase (mycase.in.gov) Online Lookup

MyCase allows anyone across Indiana courts to search for public case information by the decedent's name, case number, or attorney name. Marion County's probate cases are included in this system. Go to the MyCase website and enter the name of the estate or party. Inquirers will be able to see basic case details and a list of filings/docket entries and often view or download scanned documents from the case if they are available. According to the Indiana Office of Judicial Administration, anyone can search MyCase for non-confidential case information, and many documents are available online free of charge. Keep in mind that very recent filings might take a few days to appear, and older probate cases (especially those before electronic records) may not have documents imaged online.

In-Person or Clerk Request

Marion County probate records can also be accessed by contacting the Marion County Clerk's Office in person or via mail/email. The Clerk's office maintains a Records Department where interested can request to view case files or obtain copies. In Marion County, court records requests are handled at the Records Facility (which, as of the latest information, is located at 1330 Madison Avenue, Indianapolis) or at the City-County Building clerk's office. Interested persons may visit during business hours and ask to see a probate case file; the staff will retrieve the physical file or direct them to a public access computer if the records are digital. Otherwise, send a written request to the Clerk's Office (to the probate clerk) asking for copies of specific documents. Include the decedent's name and case number (if known), and describe the documents being sought.

The Clerk typically charges $1.00 per page for copies of documents and an additional $3.00 per document for a certified copy (a certified copy will bear the Court's seal and the Clerk's certification, which is often required for legal purposes such as transferring real estate). For mail requests, include a self-addressed stamped envelope and a check or money order covering the estimated fee; contact the Clerk to get a page count and cost estimate.

The Clerk's Office can also provide certified probate documents (like certified wills or letters testamentary) on request. These documents are often necessary for executors to prove their authority to banks, the BMV, etc.

How to Find Probate Records Online Free

The primary source for up-to-date and official records is the MyCase website, which is provided by the state and is free to use. Through MyCase, inquirers can access case summaries and available documents without any charge. It's worth noting that while MyCase is comprehensive for recent cases, it may not include older historical probate records that were not digitized. If researching genealogy or an estate from many decades ago, it may be necessary to consult archives (such as the Indiana State Archives or local historical societies) – these repositories sometimes have older probate packets on microfilm or in record books. The MyCase system, however, covers most modern probate cases and is updated in real-time as new cases are filed.

Third-party websites also offer court record searches. These commercial "public records" or background check websites aggregate probate data and may charge a fee to retrieve documents or details. These services are generally pulled from the same public sources.

How Long Does Probate Take in Indiana?

The length of time it takes to complete a probate estate in Indiana can vary widely based on the complexity of the estate. Still, there are some general expectations and statutory requirements. On average, the probate process in Indiana (and similarly in neighboring states) tends to take around 6 to 12 months from start to finish for a typical estate. This assumes the case is relatively straightforward – for example, there are no significant disputes among beneficiaries and no unusually complex assets. Several factors can extend the timeline: if the estate is very large, if assets are difficult to liquidate, if there are tax implications, or if someone contests the will or files litigation, the process can take longer (sometimes well over a year). Indiana law sets specific minimum waiting periods that largely dictate the earliest an estate can be closed.

One key timing rule involves creditor claims. When an estate is opened, the personal representative must give notice to creditors (usually by newspaper publication and mail to known creditors). After notice is published, Indiana law gives creditors three months to file any claims against the estate (i.e., request payment of debts). Moreover, even if no notice is published, there is an outside limit – a creditor claim is generally barred if not brought within nine months of the decedent's death. In practical terms, this means an estate cannot be fully closed until at least three months after the publication of notice because the Court needs to ensure all timely claims are addressed. In an unsupervised estate, the personal representative can file a closing statement no earlier than three months after the first creditor's notice and after all debts, taxes, and expenses are paid. In a supervised estate, a final report or accounting will typically not be approved by the Court until that creditor claim window has passed and all claims resolved.

Indiana's probate code also requires certain steps that take time: for example, the personal representative must file an inventory of assets within two months of appointment (this is an obligation under Ind. Code § 29-1-12-1, ensuring the estate assets are documented early). Tax filings (like final income tax returns or inheritance tax paperwork, if applicable) can introduce delays waiting for clearance from tax authorities. If real estate is sold through the estate, that can add time to find a buyer and close the sale. As a result, even the simplest estates usually remain open for a number of months, and it's common for estates to take close to a year to wrap up. Many estates in Marion County are closed in the range of 6-9 months when unsupervised and no complications arise. For supervised estates or those with litigation (will contests, etc.), probate can be extended by 18 months or more.

Are Wills Public Record?

In Marion County (and Indiana generally), a will is not public while the testator (the person who made the will) is alive, but it typically does become public record once the person has died and the will is filed with the probate court. Indiana law actually requires that after death, the person who has the will (often an executor or family member) should deliver it to the appropriate Court. When a will is submitted for probate in Marion County, it gets filed as part of the estate case. At that point, the will is usually available for public inspection as part of the court file (just like other probate documents). In fact, local practice notes that last wills and testaments are public records when they are filed into an estate case. This means anyone can go to the Clerk's office or search the case online and read the will's contents once it's admitted to probate. Through the probate process, the will is "proved" and becomes the guiding document for distributing the estate. Hence, it enters the public domain of the court system.

It's worth noting that wills often contain information about the decedent's family and assets (for example, naming beneficiaries and what they inherit). Because probate files are public, those details can be seen by others. However, certain personal data is protected even within public filings. Indiana court rules instruct filers to omit or redact things like Social Security numbers, bank account numbers, and other sensitive identifiers from court documents. Usually, a will itself does not contain a Social Security number or driver's license number for the testator – it's generally a narrative of wishes and asset distribution. Thus, there is typically no confidential information within the will's text that would require sealing. Suppose a will did contain something like an account number; the attorney handling the filing might be required to redact it or list it on a confidential information form, per Administrative Rule 9. However, in general, the entire will is available for viewing once filed, and Indiana does not have a mechanism to keep a valid will private after death simply due to the family's preferences. (Only in extraordinary cases, say if the will's content could endanger someone or some other extreme circumstance, would a court consider sealing it, which is very rare.)

Sometimes, an individual may choose to store their will with the Court during their lifetime (this is called depositing a will for safekeeping – see Ind. Code § 29-1-7-3.1). If someone deposits their will with the Marion County Circuit Court Clerk while alive, that will remain sealed and not public until their death. The Clerk will only release it to the testator (or someone the testator authorizes in writing) during the testator's lifetime. After the person dies, the Clerk can then unseal and deliver that will to the probate court so it can be filed in a new estate case. From that point on, it became part of the public record of the estate. So, for practical purposes, before death, a will is private (even if held by the Court in deposit, it's not accessible to the public); after death, once the will is filed with the Court, it is public. Families should be aware that anyone could look up the will after the estate is opened, which is one reason why some people opt for estate planning devices like trusts (which are private documents) if they have privacy concerns.

How to Find Out If Someone Has a Will

Persons seeking to find out if someone has a Will in Marion County may follow these steps:

• Check the Probate Court Records: The first step is to see if an estate has been opened for the person in question. If the person has died relatively recently, search Marion County probate records (via MyCase or by contacting the Clerk) using the decedent's name. A probate case will indicate if a will was filed. In an unsupervised estate, the opening paperwork usually includes the will (if any) attached to the petition. After locating the case, inquirers obtain the will from the court file as it will be public (as discussed above).
• Inquire with the Clerk's Office: If the inquirer suspects a will exists but cannot find a probate case online, contact the Marion County Clerk's probate department directly. The Clerk can search their records to see if a will for that person has been deposited or if an estate case has been started in Marion County. Sometimes, a will is deposited with the Court even if a full probate hasn't been opened yet. The Clerk may not disclose the contents of a deposited will, but they could inform inquirers if they have any record of a will on file for that individual. Keep in mind that if a will has been deposited for safekeeping while the person was alive, it remains sealed and inaccessible until death. Only the testator or an authorized person could retrieve it prior to death. After death, that will would be handed over to the Court, but someone still needs to initiate a probate case for it to be officially recognized.
• Consider the Person's Residence: Sometimes, people keep their will with an attorney or in a safe deposit box. Indiana law (Ind. Code § 29-1-7-3) encourages the custodian of a will to deliver it to the appropriate Court after the testator's death, but it may take some time or prompting by interested parties for that to happen.

If the question is about finding out if someone who is still alive has a will, that is much more delicate. While a person is alive, their will is a private document. No public registry of living persons' wills is available to the public. As mentioned, Indiana does allow depositing a will with the Court for safekeeping, but even in that case, the will remains confidential (not a public record) until the person dies. The Clerk will not divulge the contents or even the existence of a deposited will to the general public prior to the testator's death.

Marion County Family Court Case Search

Marion County's court system is divided into divisions, and apart from probate matters, there is a Family Division that handles family law cases. The Family Division of the Marion Superior Court deals with cases such as divorce (dissolution of marriage), legal separation, child custody and visitation, child support, paternity (establishment of parentage for children born outside of marriage), and other domestic relations matters. It also encompasses juvenile cases – for instance, cases involving children in need of services (CHINS), juvenile delinquency proceedings, and adoptions (though adoptions may be handled in probate or juvenile Court depending on local rules, in any event, they are part of the family-related jurisdiction).

Accessing family court records is very similar to accessing probate records, with the crucial distinction that some family cases are confidential by law. Divorce, child support, and paternity case records are generally public in Indiana. This means inquirers can search for divorce case information on MyCase or request the file from the Clerk. Filings in divorce cases (like the divorce decree, property settlement, etc.) are public records unless a specific part is sealed. The Court may redact certain sensitive info (like social security numbers, which are often required on confidential forms in family cases), but overall, the case is open. Paternity cases historically were sometimes confidential in some jurisdictions, but Indiana's current rules treat them largely as public civil cases, with confidentiality only for specific information (like the child's birth certificate info). So the public can also look up paternity and support orders unless the Court has ordered otherwise.

On the other hand, juvenile matters have stricter confidentiality. Indiana law mandates that records of juvenile proceedings (like CHINS cases, which deal with child abuse/neglect or juvenile crime proceedings for minors) are not open to public inspection. Only the parties (parents, guardians, attorneys, and involved agencies) can access them. Adoption cases are entirely confidential in Indiana—by statute, adoption filings and hearings are closed, and adoption records can only be released by court order under limited circumstances.

For practical purposes, persons seeking to look up a family court case in Marion County may search MyCase with the person's name, just as for any other case.

The case type prefix for divorce is often "49D##-DC" (for Dissolution of Marriage with Children, or DN for Dissolution No Children), and for paternity, "JP" (Juvenile Paternity) in the case number. These cases will show up in the search results if they are not marked confidential. For copies of divorce decrees or other family case documents, request them from the Clerk's Records Department, with the same copy fees ($1/page, $3 for certification) as other records.