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McCreary County, KY Probate Information
Quick facts
| Item | McCreary County detail |
|---|---|
| Court | McCreary County District Court. Kentucky probate is a District Court matter under KRS 24A.120(2). |
| Filing office | Office of Circuit Court Clerk for McCreary County |
| Courthouse address | McCreary County Courthouse, 1 N. Main St., Whitley City, KY 42653 |
| Mailing address | P.O. Box 40, Whitley City, KY 40653-0040 |
| Phone | 606-376-5041 |
| Hours | Monday through Friday, 8:30 a.m. to 4:30 p.m. Closed Saturday and Sunday. |
| Cost to open | $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. McCreary 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. |
| Forms | Kentucky statewide AOC probate forms. The McCreary County court page does not publish a separate county probate form set. |
| E-filing | Attorneys must e-file eligible Kentucky probate filings through the Kentucky Court of Justice system since January 1, 2024. Self-represented filers may register, but may still file on paper at the Office of Circuit Court Clerk in Whitley City. |
| Court dates and records | The free no-login court-date lookup is at kcoj.kycourts.net/dockets and is not a full case-record search. CourtNet access requires the Office of Circuit Court Clerk for case-record help. |
| Remote appearance | No McCreary County Zoom login is posted on the county page. Ask the Office of Circuit Court Clerk before assuming a probate matter can be heard remotely. |
| Payment methods | Cash, check, money order. Pay online with ePay through the state payment portal. |
| Accessibility | Designated parking for those with disability parking permit. Ramps, elevator. |
| Website | https://www.kycourts.gov/Courts/County-Information/Pages/McCreary.aspx |
Before you begin — know the assets and liabilities
Before you file in Whitley City, make a working list of the accounts, real estate, vehicles, debts, funeral expenses, and known heirs or beneficiaries. The right Kentucky filing depends on what has to pass through the estate, whether a personal representative is needed, and whether the family is asking the court to dispense with administration under KRS 395.455.
Sunset can help with estate settlement before the first court filing by searching across 2,300 institutions for accounts and assets, organizing what was found, and turning that information into a probate packet you can review before contacting the Office of Circuit Court Clerk.
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 McCreary County, at the McCreary County courthouse in Whitley City. If the estate becomes contested, the dispute is filed fresh in McCreary 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 McCreary County, the papers go to the Office of Circuit Court Clerk at the McCreary County courthouse in Whitley City.
McCreary County is in Kentucky's 34th Judicial District with Whitley County (KRS 24A.030). McCreary filings remain McCreary County District Court filings through the Whitley City courthouse. McCreary County includes Whitley City, Pine Knot, Stearns, Barthell, Strunk, and Sawyer.
The jurisdiction process
- List the estate's assets, debts, funeral expenses, and people who may inherit before you choose a filing path for estate settlement.
- Use Kentucky's statewide forms. AOC-805 is the petition to probate a will or ask for appointment of an executor or administrator and is tied to KRS 394.145. AOC-830 is used when asking the court to dispense with administration under KRS 395.455.
- Get the forms from the Kentucky Court of Justice forms catalogue or from the Office of Circuit Court Clerk at the McCreary County Courthouse in Whitley City.
- File at 1 N. Main St., Whitley City, KY 42653, or mail papers to P.O. Box 40, Whitley City, KY 40653-0040. Call 606-376-5041 before mailing payment because the county page lists in-person payment methods but does not separately describe mailed payments.
- 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. McCreary 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 for the assigned court date. The 34th Judicial District local rules list McCreary District Court civil, small-claims, and probate matters on the second Wednesday of the month at 9 a.m., and also say probate hearings may be scheduled on other court days as needed.
- Ask about remote appearance before the hearing. Kentucky courts have held proceedings remotely by Zoom since March 2020, but the Court of Justice directs people to contact the Office of Circuit Court Clerk for login information, and no McCreary County probate Zoom login is posted on the county page.
- If the court appoints you, get the Certificate of Qualification, AOC-807. Kentucky also uses letters of appointment under KRS 395.105 and KRS 395.110 for a personal representative's authority.
- After qualification, file the AOC-841 inventory within 90 days. KRS 395.250 requires the inventory to be confidential and filed under seal.
- Administer and close the estate. Use AOC-846 for a formal or periodic settlement under KRS 395.610, or AOC-850 for an informal final settlement under KRS 395.605 when that closing method fits.
Forms and documents
Probate forms in McCreary County
McCreary County uses Kentucky's statewide Administrative Office of the Courts probate forms; there is no separate McCreary County form set. You file form AOC-805 to open the estate 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. All of them are free at kycourts.gov and the Office of Circuit Court Clerk in Whitley City will also hand you paper copies.
Timeline
- McCreary County District Court's local rules list civil, small-claims, and probate matters on the second Wednesday of the month at 9 a.m.
- The same local rules say emergency custody hearings and probate hearings may be scheduled on other court days as needed, so the second-Wednesday docket is not the only possible court date.
- Call the Office of Circuit Court Clerk at 606-376-5041 for the date assigned to a specific estate. The local rules publish docket days, not filing-to-hearing wait times.
Local nuance
McCreary County-specific considerations
| Local point | Why it matters |
|---|---|
| No incorporated city | McCreary is Kentucky's only county with no incorporated city. Probate still goes to the county courthouse in Whitley City under KRS 394.140 and KRS 395.030. |
| Published probate docket | The 34th Judicial District local rules list McCreary District Court probate matters on the second Wednesday of the month at 9 a.m., with other probate hearings scheduled as needed. |
| Shared judicial district | McCreary County shares the 34th Judicial District with Whitley County (KRS 24A.030), but McCreary estate filings remain at the Whitley City courthouse. |
| Fax caution | The McCreary County court page lists the courthouse address, mailing address, phone, hours, payment methods, and accessibility information, but it does not list a fax number for probate filings. |
Recent updates
Page last reviewed: August 2026.
Scenarios
| Situation | Likely local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start at the Office of Circuit Court Clerk in Whitley City. If the estate is personal-property-only, a petition to dispense with administration under KRS 395.455 may fit. If the home must be sold or title work requires an appointed personal representative, plan for AOC-805 under KRS 394.145 and the McCreary probate docket. | Sunset helps identify accounts, debts, and title issues before you decide whether a full estate settlement filing is needed. |
| Out-of-state adult child with a smaller estate | Call 606-376-5041 before mailing papers to P.O. Box 40, Whitley City, KY 40653-0040. Ask about payment, the assigned court date, and whether the court will allow any remote step through the Office of Circuit Court Clerk. | Sunset organizes asset information and helps prepare a filing packet so you can reduce back-and-forth with the Whitley City office. |
| Parent settling predeceased child's estate, home must be sold | A home sale usually points toward opening a full estate with AOC-805 under KRS 394.145, then using the Certificate of Qualification, AOC-807, and letters of appointment under KRS 395.105 for banks and title companies. If the matter becomes contested, KRS 24A.120 and KRS 394.240 send the dispute to McCreary Circuit Court as an original adversary proceeding. | Sunset can help locate accounts, prepare the probate packet, and connect you 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 for McCreary County | Filing office for McCreary County estates. The office can provide forms, take filings, tell you the current filing amount under CR 3.03, and give court-date information. The clerk cannot give legal advice. | McCreary County Courthouse, 1 N. Main St., Whitley City, KY 42653. Mail to P.O. Box 40, Whitley City, KY 40653-0040. Phone: 606-376-5041. |
| Kentucky Court of Justice legal forms | Free statewide probate forms, including AOC-805 under KRS 394.145, AOC-807, AOC-830 under KRS 395.455, AOC-841 under KRS 395.250, AOC-846 under KRS 395.610, AOC-850 under KRS 395.605, and AOC-860. | https://www.kycourts.gov/Legal-Forms/Pages/default.aspx |
| Kentucky Court of Justice Self-Help Portal | Free guided interviews for self-represented people, including 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 | The civil legal aid program listed for McCreary County. Ask directly what help is available. | 866-277-5733. https://www.ardfky.org/ |
| Kentucky Free Legal Answers | Income-eligible Kentuckians can post a civil legal question online for a volunteer attorney to answer. | https://ky.freelegalanswers.org/ |
| Kentucky Bar Association lawyer referral services | A statewide place to look for a Kentucky attorney. | https://www.kybar.org/page/lawreferserv |
| Guide to Basic Kentucky Probate Procedures | The AOC's plain-language introduction to Kentucky probate. Use current statutes and forms for deadlines and bond because the booklet predates the July 15, 2026 changes to KRS 395.130 and other probate statutes. | https://www.kycourts.gov/Legal-Help/Documents/probateguide.pdf |
When to hire an attorney
Consider a Kentucky probate attorney if the estate includes real estate to sell, competing heirs, creditor claims under KRS 396.011, a will contest under KRS 394.240, a beneficiary who will not sign closing papers, or any contested issue that could become an adversary proceeding under KRS 24A.120. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches for accounts, insurance, retirement assets, and other financial information so the family can understand what may belong in the estate settlement before filing in McCreary County.
Generate the probate packet. Sunset uses the information you provide to help prepare the Kentucky probate packet, including AOC-805 under KRS 394.145, AOC-830 when a KRS 395.455 dispense-with-administration request fits, AOC-841 for the KRS 395.250 inventory, and closing forms such as AOC-846 under KRS 395.610 or AOC-850 under KRS 395.605.
Find a local probate attorney. If the estate needs legal help, Sunset can connect you with a Kentucky probate attorney who can advise on McCreary County filings, real estate, creditor claims under KRS 396.011, and contested matters under KRS 24A.120.
Sunset is free for families. Families can use Sunset's estate settlement tools without paying Sunset, and can decide whether they want attorney help after seeing the estate information in one place.
Frequently asked questions
Where do I file probate in McCreary County?
File with the Office of Circuit Court Clerk at the McCreary County Courthouse, 1 N. Main St., Whitley City, KY 42653. Mail goes to P.O. Box 40, Whitley City, KY 40653-0040. Kentucky probate is a District Court matter under KRS 24A.120.
What is the phone number for McCreary County probate filings?
Call the Office of Circuit Court Clerk at 606-376-5041. The county court page lists one phone number and does not publish a separate District Court or probate division phone line.
How much does it cost to open probate in McCreary 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. McCreary 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.
When are probate hearings in McCreary County?
The 34th Judicial District local rules list McCreary District Court civil, small-claims, and probate matters on the second Wednesday of the month at 9 a.m. The same rules say probate hearings may also be scheduled on other court days as needed. Call 606-376-5041 for the date assigned to a specific estate.
Can I appear remotely for a McCreary County probate hearing?
No McCreary County probate Zoom login is posted on the county page. Kentucky courts have held proceedings remotely by Zoom since March 2020, but the Court of Justice tells people to contact the Office of Circuit Court Clerk for login information. Call 606-376-5041 before assuming either in-person or remote handling.
Can I e-file a McCreary County probate case?
Attorneys handling eligible Kentucky probate filings must e-file through the Kentucky Court of Justice system since January 1, 2024. If you are handling the estate yourself, you may register as a self-represented filer, but you may still file on paper with the Office of Circuit Court Clerk in Whitley City.
Are there McCreary County probate forms?
McCreary County uses Kentucky's statewide AOC forms. The county court page does not publish a separate local probate packet. Common forms include AOC-805 under KRS 394.145, 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.
Can I look up a McCreary County probate case online?
Kentucky does not publish a free public docket search for District Court probate cases. The free kcoj.kycourts.net/dockets page is a court-date lookup, not full case records. CourtNet runs through portal access, and case-record questions should go to the Office of Circuit Court Clerk in Whitley City.
Do I have to travel to Whitley City to file?
Not always. The filing location is the McCreary County Courthouse in Whitley City, and papers may be mailed to P.O. Box 40, Whitley City, KY 40653-0040. Call 606-376-5041 before mailing to confirm the current filing amount under CR 3.03, payment method, and whether a court appearance will be required.
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.