CHAPTER 1. ST. JOSEPH COUNTY PROBATE COURT
IC 33-31
ARTICLE 31. PROBATE COURTS
IC 33-31-1
Chapter 1. St. Joseph County Probate Court
IC 33-31-1-1
Establishment of court
Sec. 1. There is established a probate court in St. Joseph County
known as the St. Joseph Probate Court. The court shall be presided
over by one (1) judge to be chosen as provided in this chapter.
As added by P.L.98-2004, SEC.10.
IC 33-31-1-2
Court of record; seal
Sec. 2. The court:
(1) is a court of record; and
(2) shall have a seal and device, as the judge may choose, with
the name of the county on its face. A description and impression
of the seal and device shall be spread on the order book of the
court.
As added by P.L.98-2004, SEC.10.
IC 33-31-1-3
Judge; election; vacancies; appointment
Sec. 3. (a) The court consists of one (1) judge, to be elected by the
legal voters of the county for a term of six (6) years:
(1) beginning on the first day of January following the election
of the judge; and
(2) continuing until the successor of the judge is elected and
qualified.
The election must occur at the time of the general election every six
(6) years.
(b) The judge shall be commissioned by the governor in the same
manner as judges of the circuit court. Vacancies occurring in the
office of judge of the probate court shall be filled by appointment by
the governor, in the same manner as vacancies in the office of judge
of the circuit court.
(c) To be eligible to hold office as judge of the court, a person
must be a resident of St. Joseph County.
As added by P.L.98-2004, SEC.10.
IC 33-31-1-4
Clerk; sheriff
Sec. 4. The clerk of the circuit court and the sheriff of the county
where the court is organized shall be the clerk and sheriff of the
probate court. The clerk and the sheriff are each entitled to fees for
their services as are allowed in the circuit court for similar services.
As added by P.L.98-2004, SEC.10.
IC 33-31-1-5
Clerk and sheriff; duties and liability; application of laws
Sec. 5. (a) The clerk and sheriff shall attend the court and
discharge all the duties pertaining to their respective offices required
by law in the circuit court.
(b) All laws:
(1) prescribing the duties and liability of the officers;
(2) prescribing the mode of proceeding against either or both of
the officers for any neglect of official duty; and
(3) allowing fees and providing for the collection of the fees;
in the circuit court, extend to the probate court, as applicable.
As added by P.L.98-2004, SEC.10.
IC 33-31-1-6
Sessions of court
Sec. 6. The probate court shall hold sessions at the courthouse of
the county, or at any other convenient place as the court designates
in the county. The county commissioners shall provide suitable
quarters for the sessions.
As added by P.L.98-2004, SEC.10.
IC 33-31-1-7
Adjournment of court
Sec. 7. The judge of the court may adjourn the same on any day
previous to the expiration of the time for which it may be held, and
also from any one (1) day in the term over to any other day in the
same term, if in the opinion of the judge, the business of the court
will allow.
As added by P.L.98-2004, SEC.10.
IC 33-31-1-8
Trial extending beyond term of court
Sec. 8. When a trial is begun and in progress at the time when by
law, the term of the court would expire, the term shall be extended
until the close of the trial.
As added by P.L.98-2004, SEC.10.
IC 33-31-1-9
Jurisdiction
Sec. 9. (a) The probate court in the county for which it is
organized has original, concurrent jurisdiction with the superior
courts of the county in all matters pertaining to the following:
(1) The probate of wills.
(2) Proceedings to resist probate of wills.
(3) Proceedings to contest wills.
(4) The appointment of guardians, assignees, executors,
administrators, and trustees.
(5) The administration and settlement of estates of protected
persons (as defined in IC 29-3-1-13) and deceased persons.
(6) The administration of trusts, assignments, adoption
proceedings, and surviving partnerships.
(7) Any other probate matters.
(b) The probate court has exclusive juvenile jurisdiction in St.
Joseph County.
(c) The probate court does not have jurisdiction in civil actions.
As added by P.L.98-2004, SEC.10.
IC 33-31-1-10
Juvenile jurisdiction
Sec. 10. The probate court has jurisdiction and shall proceed in
the probate and juvenile causes. All proceedings in probate and
juvenile causes in the court shall be conducted as proceedings are
required, by law, to be conducted in the circuit court in the counties
not having a probate court.
As added by P.L.98-2004, SEC.10.
IC 33-31-1-11
Judge acting as circuit court or superior court judge
Sec. 11. A judge of the probate court may act as judge of any
circuit court or superior court upon the trial of any cause or
proceeding, when:
(1) the judge of the circuit or superior court may be incompetent
to try the cause; or
(2) a change of venue is granted for objection to the judge.
As added by P.L.98-2004, SEC.10.
IC 33-31-1-12
Appointment of temporary judge
Sec. 12. (a) If the judge of the probate court is unable to attend
and preside at any term of the court, or during any part of a term, the
judge may appoint, in writing, an attorney eligible to the office of the
judge, at the term or part of the term.
(b) A written appointment shall be entered of record in the court.
(c) If the appointee is not a judge of a court of record, the
appointee shall take the same oath required by law of judges of the
probate court.
(d) The appointee has the same power and authority during the
continuance of the appointment of the judge as a regularly elected
judge of the court.
As added by P.L.98-2004, SEC.10.
IC 33-31-1-13
Compensation of judge pro tem
Sec. 13. (a) When a person is appointed judge pro tem under this
chapter, the appointee is entitled to ten dollars ($10) for each day the
appointee serves as the judge to be paid:
(1) out of the county treasury of the county where the probate
court is held;
(2) upon the warrant of the county auditor; and
(3) based upon the filing of a claim approved by the judge of
the court.
(b) Any amount more than five hundred dollars ($500) allowed to
a judge pro tem during any year shall be deducted by the board of
county commissioners from the regular annual salary of the judge of
the probate court making the appointment unless the judge pro tem
is appointed on account of change of venue, relationship, interest as
former counsel, or absence of judge in case of serious sickness of the
judge or a family member of the judge.
As added by P.L.98-2004, SEC.10.
IC 33-31-1-14
Process of court
Sec. 14. The process of the court must:
(1) have the seal affixed;
(2) be attested, directed, served, and returned; and
(3) be in form as is or may be provided for process issuing from
the circuit court.
As added by P.L.98-2004, SEC.10.
IC 33-31-1-15
Court of record; force and effect of judgment, orders, and
proceedings
Sec. 15. (a) The probate court is a court of record and of general
jurisdiction.
(b) The court's judgments, decrees, orders, and proceedings:
(1) have the same force and effect as those of the circuit court;
and
(2) shall be enforced in the same manner.
As added by P.L.98-2004, SEC.10.
IC 33-31-1-16
Judicial powers
Sec. 16. (a) The judge of the court:
(1) may make and adopt rules and regulations for conducting
the business of the court, not repugnant to Indiana law; and
(2) has all the power incident to a court of record and of general
original jurisdiction, in relation to the attendance of witnesses,
the punishment of contempts, and enforcing its orders.
(b) The judge of the court may:
(1) administer oaths;
(2) take and certify acknowledgments of deeds; and
(3) give all necessary certificates for the authentication of the
records and proceedings in the court.
As added by P.L.98-2004, SEC.10.
IC 33-31-1-17
Dockets; books and records
Sec. 17. Under the direction of the judge, the clerk shall provide
for court order books, judgment dockets, execution dockets, fee
books, and other books, records, and supplies as may be necessary.
All books, papers, and proceedings of the court shall be kept distinct
and separate from those of other courts.
As added by P.L.98-2004, SEC.10.
IC 33-31-1-18
Power of judge same as circuit court
Sec. 18. The judge of the court has the same power as the judge
of the circuit court of the county to:
(1) grant restraining orders and injunctions;
(2) issue writs of habeas corpus, and of mandate and
prohibition; and
(3) appoint receivers, master commissioners for the examination
of witnesses, and other officers necessary to facilitate and
transact the business of the court.
As added by P.L.98-2004, SEC.10.
IC 33-31-1-19
Appeals
Sec. 19. A party may appeal to the supreme court or the court of
appeals from the order or judgment of the probate court in any case
in which an appeal may be had from an order or judgment of the
circuit court. The appeal shall be regulated by the law regulating
appeals from the circuit court to the court of appeals and the supreme
court, so far as applicable. An appeal may also be taken to the court
of appeals and the supreme court in the same manner and in like
cases as from circuit courts.
As added by P.L.98-2004, SEC.10.
IC 33-31-1-20
Docket fees
Sec. 20. (a) The same docket fees shall be taxed in the court as are
provided by law to be taxed in the circuit court.
(b) The fees, when collected, shall be paid by the clerk to the
treasurer of the county to be applied in reimbursing the county for
expenses of the court.
As added by P.L.98-2004, SEC.10.
IC 33-31-1-21
Judge's salary
Sec. 21. (a) The salary of the judge of the probate court shall be
the same as that of the judge of the circuit court of the county. The
salary of the judge and the compensation of a judge pro tempore
shall be paid in the same manner and from the same sources as the
judge of the circuit court or judges pro tempore of the court.
(b) A full-time judge of a probate court may not be paid
compensation for serving as a special judge, except for reasonable
expenses for meals, lodging, travel, and other incidental expenses
approved by the executive director of the division of state court
administration.
As added by P.L.98-2004, SEC.10.
IC 33-31-1-22
Appointment of clerk and other employees
Sec. 22. The probate court may appoint a chief clerk and other
employees as the judge considers necessary whose salaries shall be
fixed by the judge and be paid out of the county treasury.
As added by P.L.98-2004, SEC.10.
IC 33-31-1-23
Probation officers
Sec. 23. The probate judge shall appoint the probation officers
authorized by law for cases under the court's juvenile jurisdiction.
The probation officers shall perform the same duties and receive the
same compensation as is provided by law.
As added by P.L.98-2004, SEC.10.
IC 33-31-1-24
Magistrates
Sec. 24. In addition to any appointments made by the judge of the
St. Joseph probate court under IC 31-31-3, the judge of the St. Joseph
probate court may appoint three (3) full-time magistrates under
IC 33-23-5. The magistrates may exercise:
(1) probate jurisdiction under section 9(a) of this chapter; and
(2) juvenile jurisdiction under section 9(b) of this chapter;
and continue in office until removed by the judge.
As added by P.L.98-2004, SEC.10. Amended by P.L.127-2008,
SEC.8.