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Indiana · Wells County judicial circuit (Wells Circuit Court)

Wells County Clerk of the Circuit or Superior Court Guide

Clerk of the Circuit or Superior Court information · Updated July 2026

Settling an estate while grieving is hard. This page takes it one step at a time, and free local help is listed below.

$177+
Court filing fee
3 months
Creditor claims, from notice
(260) 824-6482
Filing office phone
Available
E-filing
Independent guide · Verified July 2026 · Wells Circuit CourtSources (10)

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Not sure if you need probate?

Many estates can avoid probate entirely. Assets with beneficiary designations, joint accounts, and trust assets may pass automatically without court involvement.

Immediate Actions

The first days

First: Get Death Certificates

Required for everything

Indiana Department of Health - Vital Records

Certified Indiana death certificates are issued by the Indiana Department of Health Vital Records and by local health departments. At the state office a death certificate costs $8 for the first certified copy and $4 for each additional copy purchased in the same order; local health department fees vary. Wells County families typically order from the local health department where the death occurred (often faster) or from the state Vital Records office; the courts and the county clerk do not issue death certificates. Verify current fees and identification requirements before ordering.

How to order

Secure the Property

  • Lock the residence and secure valuable items
  • Forward mail to a responsible family member
  • Make a list of what you find (don't throw anything away yet)

Locate Important Documents

Will or trust documents
Property deeds
Bank/investment statements
Insurance policies
Vehicle titles
Tax returns (last 3 years)

Required by Law

Legal duties

Deposit the Will

The original will is presented to the court with the petition for probate. Indiana sets no fixed statutory day-count for a custodian to deliver the will after death (0 is used here as a verify-locally sentinel); however, a will generally may not be admitted to probate unless presented within three years after the individual's death (IC 29-1-7-15.1(g)), and estate real property generally may not be sold to pay unsecured debts or administration costs unless administration is sought within five months after death and letters issue within seven months (IC 29-1-7-15.1(b)). Verify will-delivery practice and deadlines with the county clerk. (IC 29-1-7-15.1)

Cost: Verify locally
Where: Wells County Clerk's Office (Clerk of the Wells Circuit Court)
Clerk Website

Creditor claim window

Creditors generally have 3 months from first published notice to creditors to bring claims against the estate. (IC 29-1-14-1; IC 29-1-7-7)

Notify Key Parties

  • Banks and credit card companies (to prevent unauthorized use)
  • Social Security Administration (1-800-772-1213)
  • Employer (if applicable) for final paycheck and benefits

Assess Your Situation

Before filing anything

Which probate type is right for you?

1

Small estate? If the estate is worth less than the Indiana small-estate limit (shown on the options below), you may qualify for simplified procedures.

2

Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.

3

Complex assets? Business interests, real estate in multiple states, or contested claims may require probate administration.

Select a probate type below to see specific requirements and costs.

Which applies to your situation?

Not sure? Use the free checker at the top of this page - you don't have to decide this alone.

Indiana's small estate procedure lets a distributee collect personal property, accounts, and other assets by affidavit when the value of the gross probate estate, wherever located, less liens, encumbrances, and reasonable funeral expenses, does not exceed $100,000 (for an individual who dies after June 30, 2022; $50,000 for deaths after June 30, 2006 and before July 1, 2022), at least 45 days have elapsed since death, and no personal representative has been appointed or applied for in any jurisdiction. The affidavit is presented directly to the bank, transfer agent, insurer, BMV, or other holder of the asset; no probate case is opened and no court filing fee is paid. Verify eligibility and the holder's preferred form before use.

Qualifies:
$100,000

When a decedent's gross probate estate, less liens and encumbrances, does not exceed the small-estate limit for the date of death ($100,000 for deaths after June 30, 2022) plus the costs of administration and reasonable funeral expenses, the personal representative may, without giving notice to creditors, disburse and distribute the estate to the persons entitled to it and close by filing a verified closing statement (IC 29-1-8-4). If the estate includes real property, an affidavit with the legal description and each person's share may be recorded with the county recorder (IC 29-1-8-3). Verify eligibility with the court.

Qualifies:
$100,000

The personal representative (executor with a will, administrator without) petitions the court exercising probate jurisdiction for probate of the will and letters testamentary, or for letters of administration, prepares a verified inventory within two months of appointment (IC 29-1-12-1), publishes notice of administration to creditors, pays valid claims, and closes with a final account (supervised) or a verified closing statement (unsupervised administration under IC 29-1-7.5, available when the estate is solvent and the heirs consent or the will authorizes it). Verify bond, notice, inventory, and closing requirements with the court.

Qualifies:
Larger estates, or when no simplified option fits
Filing fee:
$177
source

The personal representative (executor with a will, administrator without) is appointed by the court, prepares a verified inventory within two months, publishes notice of administration to creditors, pays valid claims, and files a final account and petition to settle. The court approves major steps such as real estate sales and final distribution.

Attorney:
not required by law, though many families use one

Many Indiana courts require or strongly expect counsel for supervised estates by local rule; verify with the county court.

Documents you'll need:

  • Certified Death Certificate
  • Original Will
  • Petition for Probate of Will and Issuance of Letters (or Appointment of Administrator)
  • Verified Inventory
  • Notice of Administration to Creditors (Publication)
  • Final Account or Verified Closing Statement

Under IC 29-1-7.5, the court may grant administration without court supervision when the estate is solvent, the personal representative is qualified, and either all heirs (or devisees and legatees) consent or the will authorizes unsupervised administration and the will does not request supervision. The personal representative still opens the estate, gives notice to creditors, prepares an inventory, and closes with a verified closing statement, but without ongoing court approval of routine acts. A bond is generally not required unless the will requires one or the court finds one necessary (IC 29-1-7.5-2.5).

Documents you'll need:

  • Certified Death Certificate
  • Original Will
  • Petition for Probate of Will and Issuance of Letters (or Appointment of Administrator)
  • Verified Inventory
  • Notice of Administration to Creditors (Publication)
  • Final Account or Verified Closing Statement

Indiana's small estate procedure allows a distributee to collect personal property, bank accounts, securities, insurance payable to the estate, safe deposit box contents, and digital assets by affidavit when the value of the gross probate estate, wherever located, less liens, encumbrances, and reasonable funeral expenses, does not exceed the limit for the decedent's date of death ($100,000 for deaths after June 30, 2022; $50,000 for deaths after June 30, 2006 and before July 1, 2022; $25,000 for deaths before July 1, 2006), 45 days have elapsed since death, and no application or petition for a personal representative is pending or granted in any jurisdiction. A motor vehicle or watercraft title may be transferred through the BMV after only 5 days when no personal representative is contemplated (IC 29-1-8-1(c)).

Qualifies:
$100,000

The dollar limit is banded by DATE OF DEATH in the statute text itself (last changed by P.L.151-2022, effective July 1, 2022). It is not CPI-indexed and has no scheduled next adjustment; any change requires legislation. The affidavit is presented directly to the holder of the property; no court filing is required.

Documents you'll need:

  • Certified Death Certificate
  • Small Estate Affidavit

File for Probate

Where to file, forms & fees

Where to File

Office: Wells Circuit Court
Address: 102 Market Street, Bluffton, IN 46714
How: in person, by mail, e file
E-File Online

Free Filing Help Available

Wells County Clerk's Office (probate filing office) can help you understand forms and filing requirements at no cost.

Visit Self-Help Center

Other Topics That May Apply

Property & Real Estate

Property transfer after death, recording

Wells County Recorder

Website

Vehicle Title Transfer

Retitle or transfer the deceased's vehicle. Office, forms, fees.

Bluffton BMV License Branch

Phone:
888-692-6841
Address:
2917 E STATE ROAD 124 STE B, Bluffton, IN 46714-9366
Hours:
Mon 9:00 AM-5:00 PM; Tue 9:00 AM-5:00 PM; Wed 9:00 AM-5:00 PM; Thu 9:00 AM-5:00 PM; Fri 9:00 AM-5:00 PM
Office Website

When an Indiana vehicle owner dies, the certificate of title is transferred through the Indiana BMV. Indiana offers two main nonprobate paths: a transfer on death (TOD) designation printed on the certificate of title (IC 9-17-3-9), and, for qualifying small estates, an affidavit transfer without administration only five days after death (IC 29-1-8-1(c), BMV State Form 18733). Estates that do not qualify transfer the vehicle through probate: the personal representative assigns the title using letters testamentary or letters of administration.

Transfer scenarios

Transfer on Death (TOD) Title Designation

Documents needed:

  • Indiana certificate of title containing the TOD designation
  • Copy of the decedent owner's death certificate
  • Application for a new Indiana certificate of title in the beneficiary's name
  • Payment of the $15 title fee ($25 for an expedited speed title)

During life, the owner applies at a BMV license branch for a title with the TOD designation, then signs and dates the TOD signature line on the face of the title (a TOD designation is not valid unless the owner signed the TOD statement before death). After the owner's death, the named beneficiary surrenders the TOD-designated title, submits proof of the owner's death (a copy of the death certificate), and applies for a new Indiana title at a BMV license branch (IC 9-17-2-2(b)).

Joint Ownership (Two or More Owners on the Title)

Documents needed:

  • Certificate of title showing the co-owners
  • Copy of the deceased co-owner's death certificate
  • State Form 18733 executed by the distributees of the deceased owner's estate (qualifying small estates), or the personal representative's title assignment with letters testamentary or letters of administration
  • Application for a new Indiana certificate of title (State Form 205) and the $15 title fee

The surviving owner takes the existing title, a copy of the death certificate, and the estate documentation for the deceased owner's interest (Form 18733 affidavit or personal-representative assignment with letters) to a BMV license branch and applies to retitle the vehicle. Confirm the treatment of a specific joint title with the BMV or a probate attorney before relying on survivorship.

Surviving Spouse (No Separate Spousal Transfer Form)

Documents needed:

  • BMV State Form 18733 executed by the distributees (small-estate path), or letters testamentary / letters of administration (probate path)
  • Copy of the death certificate
  • Certificate of title in the deceased owner's name
  • Application for a new Indiana certificate of title (State Form 205) and the $15 title fee

At least five days after the death (small-estate path), the surviving spouse completes State Form 18733 and presents it with the death certificate copy and the title at a BMV license branch to receive a new title. If the estate exceeds the small-estate limit, the appointed personal representative assigns the title instead.

Small Estate Affidavit Transfer (Five Days, No Administration)

Documents needed:

  • BMV State Form 18733 (Affidavit for Transfer of Certificate of Title for a Vehicle/Watercraft Without Administration), executed by the distributees of the estate
  • Copy of the death certificate
  • Certificate of title in the deceased owner's name (or duplicate title application if lost)
  • Payment of the $15 title fee

At least five days after the death, the distributees complete and sign State Form 18733 (stating the estate is within the date-of-death dollar limit and that they are entitled to the vehicle) and present it with the death certificate copy and the title at a BMV branch. The BMV issues a new certificate of title to the distributee.

Probate Administration - Personal Representative Transfer

Documents needed:

  • Certificate of title assigned by the personal representative
  • Copy of the letters testamentary or letters of administration
  • Application for a new Indiana certificate of title
  • Payment of the $15 title fee

Open the estate in the circuit or superior court with probate jurisdiction. After appointment, the personal representative assigns the title and the recipient applies at a BMV branch for a new title with the letters attached.

Forms

  • Application For Certificate Of Title For A Vehicle(State Form 205)(Linked from the official BMV Title Forms page. Watercraft use State Form 38529 instead.)
  • Affidavit for Transfer of Certificate of Title for a Vehicle/Watercraft Without Administration(State Form 18733 (R10 / 11-24))(A copy of the death certificate must accompany the affidavit. The current form states the $100,000 cap (the band for deaths after June 30, 2022).)
  • Transfer on Death designation on the Indiana certificate of title(Changing or revoking the TOD beneficiary requires applying for a new certificate of title.)

Fees

Indiana charges $15.00 to issue, duplicate, or replace a certificate of title, and $25.00 for an expedited speed title. An administrative penalty of $30.00 applies to a late title application. Verified against the official BMV Fee Chart (Revised 1/1/26) on 2026-07-18.$15
registration transferTransferring, amending, or replacing a plate, decal, or certificate of registration costs $9.50; a new passenger vehicle registration is $21.35 (current fee chart). Registration fees are separate from the title fee, and vehicle excise tax also applies at registration.

The lien-notation fee is not listed on the official BMV fee chart and is left null pending verification.

Small-estate vehicle transfer

Indiana allows the distributees of a qualifying small estate to transfer a deceased owner's motor vehicle or watercraft title through the BMV without administration, using an affidavit under IC 29-1-8-1(c) (BMV State Form 18733), once five days have elapsed since the death and when no personal representative appointment is contemplated. This is a BMV counter transaction; no court filing is required.

Threshold: $100,000

Eligibility: the value of the gross probate estate, wherever located, less liens, encumbrances, and reasonable funeral expenses, does not exceed the limit for the decedent's DATE OF DEATH, and no appointment of a personal representative is contemplated. The affidavit must be executed by the distributees of the estate and must be accompanied by a copy of the death certificate. The general 45-day wait in IC 29-1-8-1(a) applies to other asset types; the vehicle/watercraft title path is 5 days.

Lost or duplicate title

If the original certificate of title has been lost, stolen, mutilated, destroyed, or has become illegible, obtain a duplicate before transferring a deceased owner's vehicle. The duplicate prints 'DUPLICATE' on its face and voids the original.

Request the duplicate with an unexpired photo ID online, at a branch or kiosk, or by mail with State Form 205 and the $15 fee (add $25 for an expedited speed title). Duplicate title transactions cannot change owners or liens, and cannot be processed on an electronic title.

Form:Application For Certificate Of Title For A Vehicle(State Form 205)

Fee: $15

A duplicate cannot remove a lien; to obtain a title without the lien, process a title amendment with a lien release. Resolve any recorded lien before or during the transfer.

Helpful resources

Statewide forms and steps live in the vehicle title transfer guide. If the title cannot be found, see selling a car without a title.

Vehicle sources (12)

You've seen what probate involves. Here's how to spare your own family.

A few simple steps (naming beneficiaries, a transfer-on-death deed where your state allows it, or a living trust) can keep your estate out of court.

See how to avoid probate in Indiana

Frequently Asked Questions

How much does probate cost in Wells County?
Probate filing fees in Wells County, Indiana vary by the type of administration. The court filing fee shown on this page is $177+; confirm current amounts with the Clerk of the Circuit or Superior Court before filing.
How long does probate take in Wells County?
Timelines depend on the probate procedure, the court, and whether notice or publication is required. Simplified procedures can range from a few weeks to several months, while full administration often takes 6-12 months or longer.
Do I need an attorney for probate in Wells County?
Attorney requirements depend on the type of administration and your specific situation. Consider talking with a probate attorney before filing or making legal decisions.

More Indiana Resources

Explore the rest of the Indiana probate hub.

Do I need probate?5 pages
For the executor5 pages
Money and taxes5 pages
Family and inheritance5 pages
Transfer assets5 pages
File and learn5 pages

Verified against Wells Circuit Court on July 18, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Indiana can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.