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Probate in Benton County, Indiana

When someone who lived in Benton County dies, probate is handled by the county probate court. This page points you to that court and summarizes the Indiana rules that apply — the small-estate threshold, the key deadlines, and the instruments Indiana uses. For your own dates and numbers, use the free calculators linked below.

Where to file

Probate is filed in the county where the person who died last lived. If that was Benton County, this is the court — local forms, e-filing rules, and scheduling vary by county, so confirm with the county probate court. If they last lived in a different county of the same state, the case belongs in that county’s court instead, and one appointment there covers property across the state. If they last lived in another state, the main case belongs there, and property in Benton County generally needs a second, smaller case of its own here (commonly called ancillary probate) — an attorney can confirm which applies.

Benton County Courts — Indiana Judicial Branch

Does this estate need full probate?

Indiana lets smaller estates skip full probate using the Disposition without administration / small-estate affidavit (IC 29-1-8-1) for estates up to $100,000.

Check your estate Source — IC 29-1-8-1 ($100k gross probate estate; P.L.151-2022, deaths after 6/30/2022)

Key probate deadlines in Indiana

Lodge the will with the court
No fixed statutory deadline — varies, confirm with the probate court.
File the estate inventory
2 months after appointment as personal representative
Creditor-claim period closes
3 months after first publication of the notice to creditors (outer bar: 9 months from death)
Compute the exact dates from a date of death Source — IC 29-1-12-1 (inventory 2 mo); IC 29-1-14-1 (3-mo creditor, 9-mo outer bar); IC 29-1-7-3

Good to know in Indiana

  • The court empowers the personal representative with Letters Testamentary / Letters of Administration.
  • The estate closes with the Closing Statement (unsupervised administration).
  • Indiana has no state estate or inheritance tax.

Other counties in Indiana

If the person who died last lived in a different county in Indiana, start with that county instead — see all Indiana counties. A few others:

Listed alphabetically, not by distance. A check marks a county with a verified court link.

Talk it through, or find a local pro

Ask the guide a question about probate in Benton County, or browse vetted probate attorneys and real-estate advisors who work in Indiana.

Browse the directory

Selling an inherited home? Estimate the tax with the capital-gains calculator. Just getting started? Print the Indiana after-a-death checklist. Want the background? Read about how probate actually works or the small-estate route.

This tool provides general educational information, not legal advice. Statutory thresholds and deadlines vary by state and county and change over time; results are estimates based on the date of death you enter. Kindeed is not a law firm. For your specific situation, consult a licensed attorney in your state. Where a value is shown as “varies — confirm locally,” we don’t hold a verified figure and you should confirm it directly with the probate court or a licensed professional.
Benton County
Benton County Courts — Indiana Judicial Branch