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Breathitt County, KY Probate Information
Quick facts
| Item | Breathitt County detail |
|---|---|
| Court | Breathitt County District Court, probate division. Kentucky probate is a District Court matter under KRS 24A.120. |
| Filing office | Office of Circuit Court Clerk for Breathitt County |
| Courthouse address | Breathitt County Justice Center, 1131 Main St., Jackson, KY 41339 |
| Mailing address | No separate mailing address is published, so use 1131 Main St., Jackson, KY 41339 unless the clerk gives different instructions. |
| Phone | (606) 666-5768 |
| Fax | (606) 666-4893 |
| Hours | Monday through Friday, 8 a.m. to 4 p.m. Closed Saturday and Sunday. No lunch closure or filing cutoff is published. |
| Opening cost | $80 to open a probate case: a $50 filing fee set by Supreme Court rule effective July 1, 2026 (CR 3.03(1)(c)), plus a $10 Access to Justice Fee (KRS 27A.630) and a $20 court technology fee. Breathitt County may add a $10 court facilities fee if its fiscal court has adopted the ordinance (KRS 24A.185), and a county law library fee under KRS 453.060 where one is in force, so confirm the exact total with the Office of Circuit Court Clerk before you file. |
| Payment at the counter | The published payment list is cash, check, money order, and an attorney check for a new case filing, plus Pay online with ePay. No card payment option is published on the page, so call before relying on a card. |
| Forms | Kentucky statewide AOC probate forms are used. Breathitt County does not publish a separate local probate form set on its county court page. |
| Electronic filing | Attorneys handling Kentucky probate, intestate, or dispense-with-administration cases under KRS 395.455 have had to file through the Kentucky Court of Justice eFiling system since January 1, 2024. Self-represented filers may still file paper at the Office of Circuit Court Clerk in Jackson. |
| Case and date lookup | Kentucky does not publish a free public case-status search for District Court probate cases. Breathitt County links a no-login court-date lookup that is not an official docket; for estate status, call the Office of Circuit Court Clerk. |
| Remote appearance | Kentucky courts have used Zoom since March 2020, and the Kentucky Court of Justice tells people to contact the Office of Circuit Court Clerk for login details. Breathitt County publishes no local Zoom link for probate matters. |
| Accessibility | Designated parking for people with a disability parking permit and a ramp in the parking lot. |
| Website | https://www.kycourts.gov/Courts/County-Information/Pages/Breathitt.aspx |
Before you begin — know the assets and liabilities
Before you choose a Breathitt County estate settlement path, list the person's accounts, real estate, vehicles, debts, funeral expenses, and any beneficiary designations. The filing choice in Jackson depends on what must pass through the court, who is asking to act, and whether the family needs a personal representative appointed.
Sunset's asset discovery searches more than 2,300 institutions, which helps families find accounts before filing in Breathitt County. That preparation can prevent a second trip to the Office of Circuit Court Clerk and helps decide whether the estate needs appointment papers or a narrower court order.
Which court handles jurisdiction
Kentucky sends the estate to the District Court of the county where the person lived at death (KRS 394.140), and where there is no will, to the same court (KRS 395.030). If the person lived in Breathitt County, the papers go to the Office of Circuit Court Clerk at the Breathitt County courthouse in Jackson.
Breathitt County's seat is Jackson, Kentucky. That is not Jackson County, Kentucky, whose seat is McKee. Breathitt County's courthouse in Jackson serves estates from Jackson and unincorporated Breathitt County communities including Quicksand, Vancleve, Lost Creek, Frozen Creek, Shoulderblade, and Haddix.
Breathitt County is in Kentucky's 39th Judicial District with Powell and Wolfe counties (KRS 24A.030). Kentucky probate jurisdiction is in District Court under KRS 24A.120, and contested probate disputes are filed fresh in Breathitt Circuit Court as original adversary proceedings, not appeals (KRS 24A.120(2), KRS 394.240).
The jurisdiction process
- Choose the filing path. Use AOC-805 for probate of a will or appointment of an executor or administrator (KRS 394.145). Use AOC-830 if you are asking the District Court to dispense with administration under KRS 395.455.
- Prepare the opening papers, including the new financial disclosure required under KRS 395.015 when appointment is requested. If you are represented by an attorney, the attorney files through the Kentucky Court of Justice eFiling system, required for attorneys in probate case types since January 1, 2024. If you are self-represented, you may file paper at the Office of Circuit Court Clerk in Jackson.
- File with the Office of Circuit Court Clerk at the Breathitt County Justice Center, 1131 Main St., Jackson, KY 41339. Kentucky probate is a District Court matter. KRS 24A.120(2) gives District Court exclusive jurisdiction over matters involving probate, and the papers are filed with the Office of Circuit Court Clerk in Breathitt County, at the Breathitt County courthouse in Jackson. If the estate becomes contested, the dispute is filed fresh in Breathitt Circuit Court as an original adversary proceeding, not as an appeal (KRS 24A.120(2), KRS 394.240).
- Pay the opening cost. $80 to open a probate case: a $50 filing fee set by Supreme Court rule effective July 1, 2026 (CR 3.03(1)(c)), plus a $10 Access to Justice Fee (KRS 27A.630) and a $20 court technology fee. Breathitt County may add a $10 court facilities fee if its fiscal court has adopted the ordinance (KRS 24A.185), and a county law library fee under KRS 453.060 where one is in force, so confirm the exact total with the Office of Circuit Court Clerk before you file. The published payment list is cash, check, money order, and an attorney check for a new case filing.
- Follow the hearing-date and notice instructions the clerk gives you. Breathitt County's court page does not publish a District Court probate schedule, so call (606) 666-5768 before assuming a particular court day.
- Ask about remote participation before the date. Kentucky courts have held proceedings remotely by Zoom since March 2020, but Breathitt County publishes no probate login details; the statewide instruction is to contact the Office of Circuit Court Clerk for the county where you are scheduled to appear.
- If the District Court appoints you, get the authority documents from the clerk. The Office of Circuit Court Clerk issues a Certificate of Qualification, form AOC-807, showing the appointment order is in full force and effect. Kentucky law also uses the term letters of appointment for fiduciary authority (KRS 395.105), and formal letters can be requested under seal (KRS 395.110).
- Administer and close the estate. File the inventory on AOC-841 within 90 days after qualifying, and remember that the inventory is confidential and filed under seal under KRS 395.250. Handle creditor claims under KRS 396.011, then close with AOC-850 for an informal final settlement under KRS 395.605 or AOC-846 for a settlement under KRS 395.610.
Forms and documents
Probate forms in Breathitt County
Breathitt County uses Kentucky's statewide Administrative Office of the Courts probate forms; there is no separate Breathitt County form set. You file AOC-805 to open the estate or seek appointment under KRS 394.145, AOC-830 if you are asking the court to dispense with administration under KRS 395.455, AOC-841 for the inventory under KRS 395.250, and AOC-846 or AOC-850 to close under KRS 395.610 or KRS 395.605.
The forms are free through the Kentucky Court of Justice legal forms catalogue, and the Office of Circuit Court Clerk in Jackson can provide paper copies. The clerk can provide forms and filing information, but the clerk cannot give legal advice or decide which form you should use.
Local nuance
Breathitt County-specific considerations
| Local point | Why it matters |
|---|---|
| Breathitt's published counter payment list does not include cards. | The Office of Circuit Court Clerk lists cash, check, money order, and an attorney check for a new case filing. If you need to pay the $80 opening cost under CR 3.03, effective July 1, 2026, do not assume a card will work at the counter. Call (606) 666-5768 or plan for check or money order. |
| Jackson is Breathitt County's seat. | Jackson, Kentucky is the courthouse city for Breathitt County. Jackson County, Kentucky is a different county with its courthouse in McKee, so use Breathitt County Justice Center, 1131 Main St., Jackson, KY 41339. |
| No probate schedule is posted on the Breathitt County court page. | The same county page that lists hours, payment options, parking, phone, and fax does not list a District Court probate day. Call the Office of Circuit Court Clerk for the date assigned to your matter. |
Recent updates
Scenarios
| Situation | Likely Breathitt County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by identifying what is jointly owned and what still needs court authority. If a personal representative is needed, file AOC-805 in Jackson under KRS 394.145. If the facts fit Kentucky's court order to dispense with administration under KRS 395.455, ask about AOC-830 instead. | Sunset helps find accounts, organize debts and property, and prepare the estate settlement packet before you contact the Office of Circuit Court Clerk. |
| Out-of-state adult child w/ small estate | Call the Breathitt County Office of Circuit Court Clerk before traveling. Kentucky's small-estate path is a court petition to dispense with administration under KRS 395.455, not a bank affidavit. Use AOC-830 with KRS 395.455 if that is the right path, and remember the published counter payment list does not include cards. | Sunset can help gather account information, create a filing checklist, and connect you with a Kentucky probate attorney if you do not want to manage the Jackson filing from out of state. |
| Parent settling predeceased child's estate, home must be sold | A home sale usually requires clear authority from the court or proof that no appointment is needed. If appointment is needed, file AOC-805 under KRS 394.145 and obtain the Certificate of Qualification, AOC-807, after appointment. If a dispute arises, contested probate matters go to Circuit Court as original adversary proceedings under KRS 24A.120 and KRS 394.240. | Sunset helps identify assets and liabilities, generate the estate settlement packet, and find a local attorney for sale, title, or dispute issues. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Office of Circuit Court Clerk, Breathitt County | Files Breathitt County estate papers, provides forms, gives current court-date information, and states the current opening cost under CR 3.03, effective July 1, 2026. The clerk cannot give legal advice. | Breathitt County Justice Center, 1131 Main St., Jackson, KY 41339. Phone: (606) 666-5768. Fax: (606) 666-4893. |
| Kentucky Court of Justice legal forms | Statewide AOC probate forms used in Breathitt County. | https://www.kycourts.gov/Legal-Forms/Pages/default.aspx |
| Kentucky Court of Justice Self-Help Portal | Guided A2J interviews include Dispense with Administration under KRS 395.455 and Probate Estate. | https://www.kycourts.gov/Legal-Help/Pages/Self-Help-Portal.aspx and https://a2j.org/#Kentucky |
| AppalReD Legal Aid | Civil legal aid program serving Breathitt County. Ask whether your estate issue qualifies for help. | 866-277-5733. https://ardfky.org/ |
| Kentucky Free Legal Answers | Online civil legal question service for income-eligible Kentuckians. | https://ky.freelegalanswers.org/ |
| Kentucky Bar Association lawyer referral services | Statewide referral information for finding a Kentucky probate attorney. | https://www.kybar.org/page/lawreferserv |
When to hire an attorney
Consider working with a Kentucky probate attorney if the family disagrees, if real estate must be sold, if creditor claims under KRS 396.011 are significant, if the court may require a bond under KRS 395.130, or if the matter may become a contested adversary proceeding under KRS 24A.120 and KRS 394.240. Attorneys handling Kentucky probate filings must use the Kentucky Court of Justice eFiling system for probate case types since January 1, 2024, which can also reduce travel to Jackson. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches for accounts, insurance, retirement assets, and other property so the family can understand what belongs in the Breathitt County estate settlement before filing.
Generate the probate packet. Sunset organizes the information needed for Kentucky forms such as AOC-805 under KRS 394.145, AOC-830 under KRS 395.455, AOC-841 under KRS 395.250, and closing forms under KRS 395.605 or KRS 395.610.
Find a local probate attorney. If the estate needs legal advice, a home sale, dispute support, or attorney eFiling required since January 1, 2024, Sunset can help connect the family with a Kentucky probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, locate assets, and prepare for the Breathitt County filing without paying Sunset.
Frequently asked questions
Where do I file probate in Breathitt County?
File at the Office of Circuit Court Clerk for Breathitt County, Breathitt County Justice Center, 1131 Main St., Jackson, KY 41339. Kentucky probate is a District Court matter under KRS 24A.120, even though filings are handled by the Office of Circuit Court Clerk.
Is Jackson the same as Jackson County for probate?
No. Jackson is the county seat of Breathitt County. Jackson County, Kentucky is a different county, and its courthouse is in McKee. A Breathitt County estate goes to the courthouse in Jackson if the person lived in Breathitt County at death under KRS 394.140.
How much does it cost to open a Breathitt County probate case?
$80 to open a probate case: a $50 filing fee set by Supreme Court rule effective July 1, 2026 (CR 3.03(1)(c)), plus a $10 Access to Justice Fee (KRS 27A.630) and a $20 court technology fee. Breathitt County may add a $10 court facilities fee if its fiscal court has adopted the ordinance (KRS 24A.185), and a county law library fee under KRS 453.060 where one is in force, so confirm the exact total with the Office of Circuit Court Clerk before you file.
Can I pay Breathitt County probate costs by card?
The Breathitt County court page lists cash, check, money order, and an attorney check for a new case filing, plus Pay online with ePay. It does not list card payment at the counter. Call (606) 666-5768 before relying on a card, especially if you are traveling to Jackson.
Does Breathitt County have its own probate forms?
Breathitt County uses Kentucky's statewide AOC probate forms and does not publish a separate local probate form set. Common forms include AOC-805 for opening an estate under KRS 394.145, AOC-830 for dispense with administration under KRS 395.455, AOC-841 for the inventory under KRS 395.250, and AOC-850 or AOC-846 for closing under KRS 395.605 or KRS 395.610.
Do I have to e-file a Breathitt County probate case?
If you are an attorney, probate, intestate, and dispense-with-administration filings under KRS 395.455 have been filed through the Kentucky Court of Justice eFiling system since January 1, 2024. If you are handling the estate yourself, you may register for electronic filing, but you can still file paper at the Office of Circuit Court Clerk in Jackson.
When will my Breathitt County probate hearing be?
Breathitt County's court page does not publish a District Court probate schedule. Call the Office of Circuit Court Clerk at (606) 666-5768 for the date assigned to your matter.
Can I appear remotely in a Breathitt County probate matter?
Kentucky courts have used Zoom since March 2020, but Breathitt County publishes no probate login details. Whether a specific matter is in person or remote is handled through the court, and the Kentucky Court of Justice tells you to contact the Office of Circuit Court Clerk in the county where you are scheduled to appear.
Can I check a Breathitt County probate case online?
Kentucky does not publish a free public case-status search for District Court probate cases. Breathitt County links a no-login court-date lookup that is not an official docket. For case status, contact the Office of Circuit Court Clerk in Jackson at (606) 666-5768.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.