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Marshall County, KY Probate Information
Quick facts
| Topic | Details |
|---|---|
| Court | Marshall County District Court, with probate papers filed through the Office of Circuit Court Clerk. KRS 24A.120 gives District Court exclusive jurisdiction over probate matters. |
| Courthouse | Marshall County Judicial Building, 80 Judicial Drive, Unit 101, Benton, KY 42025. |
| Mailing | The court page lists the same Judicial Building address for the Office of Circuit Court Clerk. |
| Phone | (270) 527-1721, District line for probate. The Circuit line is (270) 527-3883 for matters that become contested under KRS 24A.120 and KRS 394.240. |
| Fax | (270) 527-5865. |
| Hours | Monday through Friday, 8 a.m. to 4:30 p.m.; closed Saturday and Sunday. |
| Opening payment | $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. Marshall 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 methods | Cash, money order, cashier's check, personal check, credit cards and debit cards. A card fee applies. The page also links Pay online with ePay. |
| Forms | Kentucky statewide AOC probate forms are used. Marshall County does not publish a separate local probate form set on its court page. |
| Electronic filing | Since January 1, 2024, an attorney handling a Kentucky probate, intestate estate under KRS 395.030 or petition to dispense with administration under KRS 395.455 must file electronically. A self-represented filer may register but is not required to and may file paper documents at the Judicial Building in Benton. |
| Case lookup | Kentucky does not publish a free public docket search for District Court probate cases under KRS 24A.120. The public docket generator is a court-date lookup with a not-official-docket caveat, not full estate case access. For case status, contact the Office of Circuit Court Clerk in Benton. |
| Remote appearance | Kentucky courts have used Zoom since March 2020, and the statewide instructions direct you to contact the Office of Circuit Court Clerk for login information. Marshall County posts no local probate login information on its court page. |
| Website | https://www.kycourts.gov/Courts/County-Information/Pages/Marshall.aspx |
Before you begin — know the assets and liabilities
Before you file in Marshall County, make a list of the estate's assets, debts, accounts, real estate and likely heirs. That first inventory for your own planning is different from the court inventory filed later under KRS 395.250, but it tells you whether you are asking for appointment of a personal representative, asking the court to dispense with administration under KRS 395.455, or preparing for a more involved estate settlement.
Sunset can search more than 2,300 institutions for accounts and assets, then help organize what you find into a Marshall County probate packet. Starting with a clear asset picture makes the estate settlement conversation with the Office of Circuit Court Clerk or an attorney much more productive.
Which court handles jurisdiction
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 Marshall County, at the Marshall County courthouse in Benton. If the estate becomes contested, the dispute is filed fresh in Marshall Circuit Court as an original adversary proceeding, not as an appeal (KRS 24A.120(2), KRS 394.240).
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 Benton, Calvert City, Hardin, Gilbertsville, Aurora, Briensburg, Draffenville, Fairdealing, Possum Trot, Sharpe or anywhere else in Marshall County, the papers go to the Office of Circuit Court Clerk at the Marshall County Judicial Building in Benton.
Marshall County is in the 58th Judicial District for District Court purposes under KRS 24A.030 and in the 42nd Judicial Circuit for Circuit Court. The district and circuit numbers differ, so use the District line for routine probate and the Circuit line only for a contested matter filed in Circuit Court under KRS 24A.120 and KRS 394.240.
The jurisdiction process
- Choose the Kentucky AOC form that matches the filing. Use AOC-805 to open an estate and seek appointment under KRS 394.145, or AOC-830 to ask the court to dispense with administration under KRS 395.455. AOC-808 is the financial disclosure required by KRS 395.015.
- File with the Office of Circuit Court Clerk at the Marshall County Judicial Building, 80 Judicial Drive, Unit 101, Benton, KY 42025. An attorney must file electronically for eligible probate documents since January 1, 2024; a self-represented filer may use paper filing at the clerk's office.
- Pay the opening amount or confirm the exact total before filing. $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. Marshall 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.
- Ask the clerk how notice, oath and any hearing will be handled in your case. Marshall County's court page does not publish probate hearing days or filing-to-hearing windows.
- Ask before assuming the appearance format. Kentucky courts have used Zoom since March 2020, but the statewide instructions say to contact the Office of Circuit Court Clerk for login information, and Marshall County does not post local probate login details.
- If the District Court appoints you, obtain the Certificate of Qualification, form AOC-807, from the Office of Circuit Court Clerk. KRS 395.105 calls the fiduciary's authority letters of appointment, and banks or title companies usually ask for the certificate and a certified appointment order.
- Administer the estate. File the inventory using AOC-841 under KRS 395.250, track creditor claims under KRS 396.011, and keep funds and documents organized for settlement.
- Close the estate through the correct settlement filing. AOC-850 is used for informal final settlement under KRS 395.605 when the requirements are met, and AOC-846 is used for settlement under KRS 395.610.
Forms and documents
Probate forms in Marshall County
Marshall County uses Kentucky's statewide Administrative Office of the Courts probate forms; there is no separate Marshall County form set. AOC-805 opens the estate (KRS 394.145), AOC-830 asks the court to dispense with administration (KRS 395.455), AOC-841 is the inventory (KRS 395.250), and AOC-846 or AOC-850 closes the estate under KRS 395.610 or KRS 395.605.
The Office of Circuit Court Clerk in Benton can provide paper copies of the forms, but the clerk cannot give legal advice or tell you which legal choice to make. If your filing involves a will, real estate, disputes among heirs or a question about creditor claims under KRS 396.011, have an attorney review the packet before filing.
Local nuance
Marshall County-specific considerations
| Local point | Why it matters |
|---|---|
| Use the District phone line for probate | Marshall County's court page lists Circuit at (270) 527-3883, District at (270) 527-1721 and fax at (270) 527-5865. Because probate is a District Court matter under KRS 24A.120, call (270) 527-1721 for a routine estate filing. |
| The fax is a different number | The genuine fax listed by the court is (270) 527-5865. Use the phone numbers for calls and ask the Office of Circuit Court Clerk before faxing anything that may need formal filing. |
| Card payments are listed with a fee | The Marshall County court page lists cash, money order, cashier's check, personal check, credit cards and debit cards, with a fee on cards. This payment note does not change the probate filing fee rule in CR 3.03, effective July 1, 2026. |
Recent updates
Scenarios
| Scenario | Likely Marshall County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by separating jointly owned property from assets that need District Court action under KRS 24A.120. If court action is needed, file at the Marshall County Judicial Building in Benton. If the spouse is asking to dispense with administration, use AOC-830 with KRS 395.455. | Sunset helps identify accounts, debts and property records so the spouse can see what actually needs estate settlement and what may pass outside probate. |
| Out-of-state adult child with small estate | Call the Office of Circuit Court Clerk at (270) 527-1721 before traveling. Kentucky does not use a bank affidavit for this path; AOC-830 is a District Court petition to dispense with administration under KRS 395.455, and the filing belongs in Marshall County if venue is proper under KRS 394.140 and KRS 395.030. | Sunset helps gather institution details and prepare an organized filing packet so the child can ask the clerk about paper filing, attorney e-filing since January 1, 2024, and any hearing logistics. |
| Parent settling predeceased child's estate, home must be sold | A sale of real estate often requires formal authority from the District Court under KRS 24A.120. After appointment, the personal representative obtains a Certificate of Qualification, form AOC-807, and proceeds with administration, inventory under KRS 395.250 and settlement under KRS 395.605 or KRS 395.610. | Sunset helps build the asset list, flag mortgage or account issues, and connect the parent with a local probate attorney for the real-estate sale and estate settlement. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Office of Circuit Court Clerk, Marshall County | Filing office for Marshall County District Court probate matters under KRS 24A.120. | Marshall County Judicial Building, 80 Judicial Drive, Unit 101, Benton, KY 42025; (270) 527-1721; fax (270) 527-5865. |
| Kentucky Court of Justice legal forms | Statewide AOC form catalogue, including AOC-805 under KRS 394.145, AOC-830 under KRS 395.455, AOC-841 under KRS 395.250 and settlement forms under KRS 395.605 and KRS 395.610. | https://www.kycourts.gov/Legal-Forms/Pages/default.aspx |
| Kentucky Court of Justice Self-Help Portal | Free guided interviews for Probate Estate and Dispense with Administration under KRS 395.455. | https://www.kycourts.gov/Legal-Help/Pages/Self-Help-Portal.aspx and https://a2j.org/#Kentucky |
| Kentucky Legal Aid | Civil legal aid program listed for Marshall County. Ask the program about eligibility and available services. | 270-782-1924 or 800-782-1924; https://klaid.org/ |
| Kentucky Free Legal Answers | Online civil legal question service. | https://ky.freelegalanswers.org/ |
| Kentucky Bar Association lawyer referral services | Statewide attorney referral resource. | https://www.kybar.org/page/lawreferserv |
| Guide to Basic Kentucky Probate Procedures | Plain-language AOC introduction to Kentucky probate. Use current statutes and current forms for deadlines, bond under KRS 395.130 and inventory under KRS 395.250. | https://www.kycourts.gov/Legal-Help/Documents/probateguide.pdf |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank accounts, investments, insurance, retirement accounts and other assets so the Marshall County estate settlement starts with a practical asset list.
Generate the probate packet. Sunset organizes the information needed for Kentucky AOC forms, including AOC-805 under KRS 394.145, AOC-830 under KRS 395.455, AOC-841 under KRS 395.250 and the settlement forms under KRS 395.605 or KRS 395.610.
Find a local probate attorney. If the estate needs legal advice, real-estate work, dispute help or a court filing strategy, Sunset can connect the family with a vetted Kentucky probate attorney.
Sunset is free for families. Families can use Sunset to make estate settlement more organized before filing in Benton, calling the Office of Circuit Court Clerk or meeting with counsel.
Frequently asked questions
Where do I file probate in Marshall County, Kentucky?
File with the Office of Circuit Court Clerk at the Marshall County Judicial Building, 80 Judicial Drive, Unit 101, Benton, KY 42025. Probate is a District Court matter under KRS 24A.120.
Which Marshall County phone number should I call for a probate filing?
Call the District line, (270) 527-1721, for a routine probate matter under KRS 24A.120. The Circuit line, (270) 527-3883, is relevant if a contested matter becomes an original Circuit Court action under KRS 24A.120 and KRS 394.240.
Can I e-file a Marshall County probate case?
Since January 1, 2024, an attorney handling a Kentucky probate, intestate estate under KRS 395.030 or petition to dispense with administration under KRS 395.455 must file electronically. A self-represented filer may register for the electronic filing system but may also file paper documents at the Office of Circuit Court Clerk in Benton.
How much does it cost to open probate in Marshall County?
$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. Marshall 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.
What payment methods does the Marshall County clerk list?
The Marshall County court page lists cash, money order, cashier's check, personal check, credit cards and debit cards. A card fee applies, and the page also links Pay online with ePay.
Does Marshall County have its own probate forms?
Marshall County uses Kentucky's statewide AOC probate forms. The main forms are AOC-805 for opening an estate under KRS 394.145, AOC-830 for a petition to dispense with administration under KRS 395.455, AOC-841 for the inventory under KRS 395.250, and AOC-846 or AOC-850 for settlement under KRS 395.610 or KRS 395.605.
Does Marshall County publish probate hearing days or wait times?
Marshall County's court page does not publish probate hearing days or filing-to-hearing windows. Ask the Office of Circuit Court Clerk at (270) 527-1721 when you file or before you travel.
Can I appear remotely for a Marshall County probate hearing?
Kentucky courts have used Zoom since March 2020, and the statewide remote instructions tell parties to contact the Office of Circuit Court Clerk for event login information. Marshall County does not post local probate login details, so call (270) 527-1721 before assuming the format.
Can I look up a Marshall County probate case online?
Kentucky does not publish a free public docket search for District Court probate cases under KRS 24A.120. The public docket generator is a court-date lookup with a not-official-docket caveat, not full case access. For an estate status question, contact the Office of Circuit Court Clerk in Benton.
Do I have to travel to Benton to handle a Marshall County estate?
Not every step requires the same kind of appearance. An attorney must file eligible probate documents electronically since January 1, 2024, while a self-represented filer may file on paper at the Office of Circuit Court Clerk. For any hearing or remote question, call the Office of Circuit Court Clerk at (270) 527-1721 before making travel plans.
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.