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 Countyknown as the St. Joseph Probate Court. The court shall be presidedover 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, withthe name of the county on its face. A description and impressionof the seal and device shall be spread on the order book of thecourt.
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 thelegal voters of the county for a term of six (6) years:
(1) beginning on the first day of January following the electionof the judge; and
(2) continuing until the successor of the judge is elected andqualified.
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 samemanner as judges of the circuit court. Vacancies occurring in theoffice of judge of the probate court shall be filled by appointment bythe governor, in the same manner as vacancies in the office of judgeof the circuit court.
(c) To be eligible to hold office as judge of the court, a personmust 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 countywhere the court is organized shall be the clerk and sheriff of theprobate court. The clerk and the sheriff are each entitled to fees fortheir 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 anddischarge all the duties pertaining to their respective offices requiredby 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 ofthe 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 ofthe county, or at any other convenient place as the court designatesin the county. The county commissioners shall provide suitablequarters 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 dayprevious to the expiration of the time for which it may be held, andalso from any one (1) day in the term over to any other day in thesame term, if in the opinion of the judge, the business of the courtwill 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 bylaw, the term of the court would expire, the term shall be extendeduntil 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 isorganized has original, concurrent jurisdiction with the superiorcourts 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 protectedpersons (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 inthe probate and juvenile causes. All proceedings in probate andjuvenile causes in the court shall be conducted as proceedings arerequired, by law, to be conducted in the circuit court in the countiesnot 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 anycircuit court or superior court upon the trial of any cause orproceeding, when:
(1) the judge of the circuit or superior court may be incompetentto 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 attendand preside at any term of the court, or during any part of a term, thejudge may appoint, in writing, an attorney eligible to the office of thejudge, 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, theappointee shall take the same oath required by law of judges of theprobate court.
(d) The appointee has the same power and authority during thecontinuance of the appointment of the judge as a regularly electedjudge 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 thischapter, the appointee is entitled to ten dollars ($10) for each day theappointee serves as the judge to be paid:
(1) out of the county treasury of the county where the probatecourt 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 toa judge pro tem during any year shall be deducted by the board ofcounty commissioners from the regular annual salary of the judge ofthe probate court making the appointment unless the judge pro temis appointed on account of change of venue, relationship, interest asformer counsel, or absence of judge in case of serious sickness of thejudge 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 fromthe 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, andproceedings
Sec. 15. (a) The probate court is a court of record and of generaljurisdiction.
(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 conductingthe business of the court, not repugnant to Indiana law; and
(2) has all the power incident to a court of record and of generaloriginal 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 therecords 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 providefor court order books, judgment dockets, execution dockets, feebooks, and other books, records, and supplies as may be necessary.
All books, papers, and proceedings of the court shall be kept distinctand 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 judgeof the circuit court of the county to:
(1) grant restraining orders and injunctions;
(2) issue writs of habeas corpus, and of mandate andprohibition; and
(3) appoint receivers, master commissioners for the examinationof witnesses, and other officers necessary to facilitate andtransact 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 ofappeals from the order or judgment of the probate court in any casein which an appeal may be had from an order or judgment of thecircuit court. The appeal shall be regulated by the law regulatingappeals from the circuit court to the court of appeals and the supremecourt, so far as applicable. An appeal may also be taken to the courtof appeals and the supreme court in the same manner and in likecases 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 areprovided by law to be taxed in the circuit court.
(b) The fees, when collected, shall be paid by the clerk to thetreasurer of the county to be applied in reimbursing the county forexpenses 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 bethe same as that of the judge of the circuit court of the county. Thesalary of the judge and the compensation of a judge pro temporeshall be paid in the same manner and from the same sources as thejudge of the circuit court or judges pro tempore of the court.
(b) A full-time judge of a probate court may not be paidcompensation for serving as a special judge, except for reasonableexpenses for meals, lodging, travel, and other incidental expensesapproved by the executive director of the division of state courtadministration.
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 otheremployees as the judge considers necessary whose salaries shall befixed 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 officersauthorized by law for cases under the court's juvenile jurisdiction.The probation officers shall perform the same duties and receive thesame 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 theSt. Joseph probate court under IC 31-31-3, the judge of the St. Josephprobate court may appoint three (3) full-time magistrates underIC 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.