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Livingston County, KY Probate Information

Quick facts
| Item | Livingston County information |
|---|---|
| Court | Livingston County District Court, sitting in probate under KRS 24A.120 |
| Filing office | Office of Circuit Court Clerk for Livingston County |
| Courthouse address | Livingston County Justice Center, 122 W. Adair Street, Smithland, KY 42081 |
| Mailing address | P.O. Box 160, Smithland, KY 42081-0160 |
| Phone | (270) 928-2172 |
| Fax | No fax is published on the Livingston County court page. |
| Hours | Monday through Friday, 8 a.m. to 4 p.m. Closed Saturday and Sunday. |
| 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. Livingston 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 where one is in force (KRS 453.060), so confirm the exact total with the Office of Circuit Court Clerk before you file. |
| Payment | Cash, money order, check if the personal check is from an in-state resident, cashier's check if the payer is an out-of-state resident, and online payment through ePay. |
| Forms | Kentucky statewide AOC probate forms apply. Livingston County does not publish a separate local probate form set. |
| e-filing status | Attorneys must e-file eligible Kentucky probate papers through the Kentucky Court of Justice eFiling system for covered Probate/Estate case types since January 1, 2024. Self-represented filers may register, but paper filing remains available at the Office of Circuit Court Clerk. |
| Court-date lookup and estate status | The Kentucky court-date page at kcoj.kycourts.net/dockets/ is a free no-login court-date lookup and carries a not official docket caveat. For estate status, call the Office of Circuit Court Clerk at (270) 928-2172. |
| Remote proceedings | Kentucky courts have used Zoom for some proceedings since March 2020, but Livingston County does not publish probate login details. Contact the Office of Circuit Court Clerk before assuming a hearing is remote. |
| Website | https://www.kycourts.gov/Courts/County-Information/Pages/Livingston.aspx |
Before you begin — know the assets and liabilities
Before you file in Livingston County, list the accounts, real estate, vehicles, debts, paid funeral expenses and likely heirs or beneficiaries. That asset picture determines whether you are asking Livingston County District Court under KRS 24A.120 to appoint a personal representative or asking for a narrower court order to dispense with administration under KRS 395.455.
Sunset can support estate settlement before the court packet is prepared by helping families search for accounts across 2,300 institutions, organize liabilities and decide what information belongs in the Livingston County probate packet.
Which court handles jurisdiction
Kentucky sends the estate to the District Court of the county where the person lived at death under KRS 394.140, and where there is no will, to the same court under KRS 395.030. If the person lived in Livingston County, the papers go to the Office of Circuit Court Clerk at the Livingston County Justice Center in Smithland.
The same Smithland courthouse serves estates for people who lived anywhere in Livingston County, including Smithland, Salem, Carrsville, Grand Rivers, Hampton, Lola and other Livingston County communities. Livingston County is in Kentucky's 56th Judicial District with Caldwell, Lyon and Trigg counties under KRS 24A.030, so published court days matter when planning a probate filing or hearing.
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 Livingston County, at the Livingston County Justice Center in Smithland. If the estate becomes contested, the dispute is filed fresh in Livingston Circuit Court as an original adversary proceeding, not as an appeal (KRS 24A.120(2), KRS 394.240).
The jurisdiction process
- Choose the local path. Use Livingston County District Court under KRS 24A.120 for probate. If the assets can be transferred without appointing an executor or administrator, use AOC-830 with KRS 395.455. If appointment is needed, prepare AOC-805 with KRS 394.145 and the related statewide AOC forms.
- Prepare the opening papers. A typical appointment packet uses AOC-805, the proposed order, oath forms and AOC-808 financial disclosure under KRS 395.015. If the court appoints a personal representative, the clerk issues the Certificate of Qualification, AOC-807, and Kentucky also uses letters of appointment under KRS 395.105.
- File with the Office of Circuit Court Clerk. File at the Livingston County Justice Center, 122 W. Adair Street, Smithland, KY 42081, or mail papers to P.O. Box 160, Smithland, KY 42081-0160 if the clerk permits the filing by mail.
- 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. Livingston 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 where one is in force (KRS 453.060), so confirm the exact total with the Office of Circuit Court Clerk before you file. Livingston County lists cash, money order, in-state personal check, out-of-state cashier's check and ePay as payment options.
- Handle notice and scheduling. The Livingston County page publishes District Civil court on the first, third and fourth Tuesday at 1 p.m. and states that there is no District Court on the second Tuesday, but it does not publish a separate probate docket. Call (270) 928-2172 for the court date for your estate matter.
- Ask about remote access before the hearing. Kentucky courts have used Zoom since March 2020, but Livingston County does not publish probate login details. Contact the Office of Circuit Court Clerk for any remote instructions for your specific event.
- Receive authority if appointed. After appointment, request the Certificate of Qualification, AOC-807, and any certified appointment order needed for banks, title companies or buyers. KRS 395.105 uses letters of appointment, and KRS 395.110 allows formal letters in due form under seal.
- Administer and close the estate. File the inventory, AOC-841, under KRS 395.250. Address creditor claims under KRS 396.011. When ready to close, use AOC-850 for informal final settlement under KRS 395.605 or AOC-846 for settlement under KRS 395.610, depending on the estate settlement path.
Forms and documents
Probate forms in Livingston County
Livingston County uses Kentucky's statewide Administrative Office of the Courts probate forms; there is no separate Livingston County form set. AOC-805 opens the estate under KRS 394.145, AOC-830 asks the court to dispense with administration under KRS 395.455, AOC-841 is the inventory under KRS 395.250, and AOC-846 or AOC-850 closes the estate under KRS 395.610 or KRS 395.605. All are free at kycourts.gov, and the Office of Circuit Court Clerk in Smithland can also provide paper copies.
| Form | Use in Livingston County |
|---|---|
| AOC-805 | Petition for Probate of Will and/or Appointment of Executor/Administrator under KRS 394.145 |
| AOC-808 | Financial disclosure for appointment papers under KRS 395.015 |
| AOC-807 | Certificate of Qualification used after appointment |
| AOC-830 | Petition to dispense with administration under KRS 395.455 |
| AOC-841 | Inventory and Appraisement of Estate under KRS 395.250 |
| AOC-846 | Settlement of Estate under KRS 395.610 |
| AOC-850 | Application for Informal Final Settlement under KRS 395.605 |
Timeline
- Check the court day before you file or travel. Livingston County District Court handles probate under KRS 24A.120, and the county page publishes District Civil on the first, third and fourth Tuesday at 1 p.m.
- Do not assume the second Tuesday is available. Livingston County's court page states that there is no District Court on the second Tuesday.
- Call for the probate date. The published schedule also lists criminal, child support and juvenile settings, but it does not assign estate matters to a separate probate docket. Call the Office of Circuit Court Clerk at (270) 928-2172 for the date and appearance instructions for your case.
- Plan around the shared district. Livingston County is in the 56th Judicial District with Caldwell, Lyon and Trigg counties under KRS 24A.030, so court availability may not work like a single-county daily probate calendar.
Local nuance
Livingston County-specific considerations
| Local point | Why it matters |
|---|---|
| Out-of-state payment rule | Livingston County lists personal checks only for in-state residents. If you live outside Kentucky, plan for a cashier's check, cash, money order or ePay when paying any filing fee under CR 3.03 and related costs. |
| No District Court on second Tuesday | The Livingston County page publishes District Civil on the first, third and fourth Tuesday at 1 p.m. and states that there is no District Court on the second Tuesday. Call the Office of Circuit Court Clerk before making travel plans. |
| Separate mailing address | The courthouse is at 122 W. Adair Street, Smithland, KY 42081, but mail goes to P.O. Box 160, Smithland, KY 42081-0160. |
Recent updates
| Current Livingston County point | Practical effect |
|---|---|
| Published District Civil days | Livingston County lists District Civil on the first, third and fourth Tuesday at 1 p.m. and no District Court on the second Tuesday for probate matters under KRS 24A.120. |
| Current Kentucky opening cost | $80 to open a probate case, including the $50 filing fee set by CR 3.03 effective July 1, 2026, plus the $10 Access to Justice Fee under KRS 27A.630 and the $20 court technology fee, with possible local add-ons under KRS 24A.185 and KRS 453.060. |
| Current statewide forms | Livingston County uses the Kentucky AOC probate forms, including AOC-805 under KRS 394.145, AOC-808 under KRS 395.015, AOC-841 under KRS 395.250, AOC-846 under KRS 395.610 and AOC-850 under KRS 395.605. |
Scenarios
| Situation | Likely Livingston County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by separating nonprobate property from assets that need court authority. If the remaining personal property can be handled without appointing a personal representative, the spouse may ask Livingston County District Court to dispense with administration using AOC-830 under KRS 395.455. If an appointment is needed, use AOC-805 under KRS 394.145. | Sunset helps identify accounts, debts and title issues so the spouse can decide whether estate settlement needs a full appointment or a narrower court order. |
| Out-of-state adult child with a small estate | Use the Smithland mailing address, P.O. Box 160, Smithland, KY 42081-0160, and call (270) 928-2172 before mailing papers. If using AOC-830, include KRS 395.455. For payment, Livingston County lists cashier's check for out-of-state residents rather than an out-of-state personal check. | Sunset organizes the asset list and can help prepare the probate packet so travel is minimized where the court allows filing or follow-up by mail. |
| Parent settling a predeceased child's estate when a home must be sold | A sale of real property commonly requires appointment through AOC-805 under KRS 394.145, followed by a Certificate of Qualification, AOC-807, and any certified order needed by the title company. If a dispute develops, KRS 24A.120 and KRS 394.240 send the adversary proceeding to Livingston Circuit Court as a new action. | Sunset helps collect account information, prepare the estate settlement packet and connect the family with a Kentucky probate attorney when a sale or dispute makes counsel important. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Office of Circuit Court Clerk, Livingston County | Filing office for Livingston County probate matters under KRS 24A.120. The clerk can provide forms and court dates, but cannot give legal advice. | Livingston County Justice Center, 122 W. Adair Street, Smithland, KY 42081; mail to P.O. Box 160, Smithland, KY 42081-0160; (270) 928-2172 |
| Kentucky Court of Justice legal forms | Free statewide probate forms, including AOC-805, AOC-807, AOC-830, AOC-841, AOC-846, AOC-850 and AOC-860. | https://www.kycourts.gov/Legal-Forms/Pages/default.aspx |
| Kentucky Court of Justice Self-Help Portal | Guided interviews for 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 |
| Kentucky Legal Aid | Civil legal aid program listed by the Kentucky Court of Justice for Livingston County. Ask the program what help may be available for your situation. | 270-782-1924; https://klaid.org/ |
| Kentucky Free Legal Answers | Online civil legal questions for income-eligible Kentuckians. | https://ky.freelegalanswers.org/ |
| Kentucky Bar Association lawyer referral services | Statewide lawyer referral listing for finding Kentucky counsel. | https://www.kybar.org/page/lawreferserv |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset helps families locate financial accounts, insurance, benefits and other assets so the Livingston County probate packet starts with a clearer estate settlement picture.
Generate the probate packet. Sunset turns the information you provide into organized Kentucky probate forms and filing instructions for the Office of Circuit Court Clerk in Smithland.
Find a local probate attorney. When a Livingston County estate involves a home sale, a dispute, an unusual asset or a court hearing, Sunset can connect the family with a vetted Kentucky probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, prepare next steps and understand what to file without paying Sunset.
Frequently asked questions
Where do I file probate in Livingston County, Kentucky?
File with the Office of Circuit Court Clerk at the Livingston County Justice Center, 122 W. Adair Street, Smithland, KY 42081. Mail goes to P.O. Box 160, Smithland, KY 42081-0160. Kentucky probate is in District Court under KRS 24A.120, and Livingston County venue follows the residence at death rule in KRS 394.140.
What is the Livingston County probate filing fee?
$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. Livingston 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 where one is in force (KRS 453.060), so confirm the exact total with the Office of Circuit Court Clerk before you file.
Can I e-file a Livingston County probate case?
Attorneys handling eligible Kentucky probate, intestate and dispense-with-administration matters under KRS 395.455 must use the Kentucky Court of Justice eFiling system for covered Probate/Estate case types since January 1, 2024. If you are handling the estate yourself, you may register as a self-represented party, but you are not required to use eFiling and can file on paper with the Office of Circuit Court Clerk.
Does Livingston County have its own probate forms?
Livingston County uses Kentucky's statewide AOC forms. Common forms include AOC-805 under KRS 394.145, AOC-808 under KRS 395.015, AOC-830 under KRS 395.455, AOC-841 under KRS 395.250, AOC-846 under KRS 395.610 and AOC-850 under KRS 395.605.
When are Livingston County probate hearings?
Livingston County publishes District Civil on the first, third and fourth Tuesday at 1 p.m. and states that there is no District Court on the second Tuesday. Because the page does not publish a separate probate docket, call the Office of Circuit Court Clerk at (270) 928-2172 for the date assigned to your estate matter under KRS 24A.120.
Can I appear remotely for a Livingston County probate hearing?
Kentucky courts have used Zoom for some proceedings since March 2020, but Livingston County does not publish probate login details. Whether a specific hearing is remote is a question for the court, so contact the Office of Circuit Court Clerk before assuming either way.
How do I look up a Livingston County probate date?
The Kentucky no-login court-date page at kcoj.kycourts.net/dockets/ can be used as a court-date lookup and carries a not official docket caveat. For the status of a Livingston County estate, contact the Office of Circuit Court Clerk at (270) 928-2172 rather than relying on account-based portal access alone.
What document proves I can act for the Livingston County estate?
After appointment, the Office of Circuit Court Clerk issues a Certificate of Qualification, AOC-807, and certified appointment papers. Kentucky also uses letters of appointment under KRS 395.105 and allows formal letters under seal through KRS 395.110.
What if the Livingston County estate is disputed?
Uncontested probate stays in Livingston County District Court under KRS 24A.120. If the estate becomes contested, the dispute is filed in Livingston Circuit Court as an original adversary proceeding, not as an appeal, under KRS 24A.120 and KRS 394.240.
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.