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Montgomery County, KY Probate Information
Quick facts
| Item | Montgomery County information |
|---|---|
| Court | Montgomery County District Court, sitting in probate under KRS 24A.120. |
| Courthouse address | Montgomery County Courthouse, One Court St., Mount Sterling, KY 40353. |
| Mailing address | P.O. Box 327, Mount Sterling, KY 40353. |
| Office phones | 859-498-5966 and 859-498-5991. The county page does not label one line as probate, so use both Office of Circuit Court Clerk numbers as published. |
| Fax | 859-498-9341. |
| Hours | Monday through Friday, 8 a.m. to 4 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. Montgomery 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 | The Montgomery County Office of Circuit Court Clerk accepts cash, money order, check held 10 days to clear, and credit or debit cards. A card fee applies. The county page also links Pay online with ePay. |
| Forms | Montgomery County uses Kentucky statewide AOC probate forms. No separate Montgomery County probate form set is published on the county page. |
| Electronic filing | Since January 1, 2024, an attorney handling a Kentucky probate, intestate estate under KRS 395.030, or KRS 395.455 dispense-with-administration matter must use the Kentucky Court of Justice eFiling system. A self-represented filer may still file on paper at the Office of Circuit Court Clerk in Mount Sterling. |
| Court-date lookup | Kentucky offers a free court-date docket lookup at https://kcoj.kycourts.net/dockets/. It is not a full case-record system. For estate status, contact the Office of Circuit Court Clerk in Mount Sterling. |
| Remote court | Kentucky courts have used Zoom for some proceedings since March 2020, but login details are not published centrally. Contact the Office of Circuit Court Clerk before assuming a Montgomery County District Court probate matter under KRS 24A.120 will be remote. |
| Website | https://www.kycourts.gov/Courts/County-Information/Pages/Montgomery.aspx |
Before you begin — know the assets and liabilities
Before you file in Mount Sterling, identify the accounts, real estate, vehicles, debts, beneficiaries, and any will. The right Montgomery County estate settlement path depends on what exists, what is owed, and whether someone needs authority from the District Court under KRS 24A.120 to deal with banks, buyers, or title companies.
Sunset searches more than 2,300 institutions to help families find accounts and assets before they prepare the probate packet. That early asset discovery can keep you from filing the wrong Kentucky AOC form or asking the Montgomery County clerk to open an estate before you know what has to be administered.
Which court handles jurisdiction
Kentucky sends a will to the District Court of the county where the person lived at death under KRS 394.140, and when there is no will, administration goes to the same court under KRS 395.030. If the person lived in Montgomery County, the papers go to the Office of Circuit Court Clerk at the Montgomery County Courthouse in Mount Sterling.
Montgomery County is in Kentucky's 21st Judicial District under KRS 24A.030, shared with Bath, Menifee, and Rowan counties. The courthouse page for Montgomery County publishes probate-specific District Court times under KRS 24A.120 for Probate Petitions on Wednesday and Thursday at 8:30 a.m. and Motion for Probates on the fourth Wednesday at 2:30 p.m.
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 Montgomery County, at the Montgomery County Courthouse in Mount Sterling. If the estate becomes contested, the dispute is filed fresh in Montgomery Circuit Court as an original adversary proceeding, not as an appeal (KRS 24A.120(2), KRS 394.240).
The jurisdiction process
- Choose the Kentucky AOC form that matches the estate. Use AOC-805 for probate of a will or appointment of an executor or administrator under KRS 394.145, include the AOC-808 financial disclosure required by KRS 395.015 when appointment is requested, and use AOC-830 if asking to dispense with administration under KRS 395.455.
- File with the Office of Circuit Court Clerk at the Montgomery County Courthouse, One Court St., Mount Sterling, KY 40353, or by mail to P.O. Box 327, Mount Sterling, KY 40353. Attorneys must use eFiling for eligible probate filings since January 1, 2024; self-represented filers may file on paper at the clerk's office.
- 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. Montgomery 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.
- Use the Montgomery County schedule when planning for a court date. The county page lists Probate Petitions on Wednesday and Thursday at 8:30 a.m. and Motion for Probates on the fourth Wednesday at 2:30 p.m. Call 859-498-5966 or 859-498-5991 before relying on a particular date.
- Handle notice and claims issues after appointment. Kentucky creditor claims are governed by KRS 396.011, and the exact notice steps depend on the appointment order and the estate posture.
- Ask the Office of Circuit Court Clerk whether the event is in person or by Zoom. Kentucky publishes remote-court instructions, but Montgomery County login details are not centrally posted, so contact the Office of Circuit Court Clerk before the hearing.
- After appointment, obtain the Certificate of Qualification, form AOC-807. That certificate shows the appointment order is in force; Kentucky also refers to the fiduciary's authority as letters of appointment under KRS 395.105.
- Administer the estate and meet the statewide post-appointment filings. A personal representative files the AOC-841 inventory under KRS 395.250 within 90 days after qualification, under the current Kentucky rule effective July 15, 2026, and later closes through AOC-846 formal or periodic settlement under KRS 395.610 or AOC-850 informal final settlement under KRS 395.605 when the estate is ready.
Forms and documents
Probate forms in Montgomery County
Montgomery County uses Kentucky's statewide Administrative Office of the Courts probate forms; no separate Montgomery County probate form set is published on the county page. You file AOC-805 for probate of a will or appointment under KRS 394.145, AOC-808 financial disclosure when appointment is requested under KRS 395.015, AOC-830 for a request 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 Office of Circuit Court Clerk in Mount Sterling can provide forms, but it cannot give legal advice. If you are not sure which Kentucky form fits the estate, get advice before filing because the clerk cannot choose the estate settlement route for you.
Timeline
- Plan around the Montgomery County District Court probate docket under KRS 24A.120. The county page lists Probate Petitions on Wednesday and Thursday at 8:30 a.m.
- If your matter is a probate motion rather than an initial petition, the county page lists Motion for Probates on the fourth Wednesday at 2:30 p.m.
- Before traveling to Mount Sterling, call the Office of Circuit Court Clerk at 859-498-5966 or 859-498-5991 to confirm the date, filing status, and whether the judge has set the event in person or through Zoom. Remote-event details come from the Office of Circuit Court Clerk.
- After qualification, calendar the statewide inventory duty. AOC-841 must be filed under KRS 395.250 within 90 days after qualification, under the current Kentucky rule effective July 15, 2026.
- Do not plan final distribution too early. Kentucky allows a personal representative to distribute estate property six months after qualification under KRS 395.190, and closing may proceed through AOC-850 informal final settlement under KRS 395.605 or AOC-846 formal or periodic settlement under KRS 395.610 when the estate is ready.
Local nuance
Montgomery County-specific considerations
| Local point | What to do |
|---|---|
| Two office phone numbers are published | Use 859-498-5966 and 859-498-5991. The county page does not label either number as the probate line, so do not assume a Circuit or District split. |
| Probate docket times are published | Montgomery County lists Probate Petitions on Wednesday and Thursday at 8:30 a.m. and Motion for Probates on the fourth Wednesday at 2:30 p.m. These are District Court probate times under KRS 24A.120, separate from the Circuit Court civil and domestic motion-day schedule. |
| Payment methods have local rules | The Office of Circuit Court Clerk accepts cash, money order, check held 10 days to clear, and credit or debit cards with a card fee. Confirm the current total before filing because the statewide $80 opening cost includes a $50 filing fee effective July 1, 2026 under CR 3.03, and conditional county add-ons may apply under KRS 24A.185 and KRS 453.060. |
| Shared judicial district | Montgomery County is part of the 21st Judicial District under KRS 24A.030 with Bath, Menifee, and Rowan counties. Use the Montgomery County courthouse page and clerk's office for Montgomery filing dates rather than relying on another county in the same district. |
Recent updates
Scenarios
| Situation | Likely Montgomery County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Confirm how the home is titled, identify accounts in the decedent's name alone, and file in Mount Sterling only if a District Court order under KRS 24A.120 is needed to transfer or administer property. If no personal representative is needed, ask an attorney whether a KRS 395.455 dispense-with-administration petition fits. | Sunset helps find accounts, organize asset details, and generate a probate packet so the spouse can decide whether the estate settlement needs appointment, a transfer order, or legal advice before filing. |
| Out-of-state adult child w/ small estate | Start by calling the Montgomery County Office of Circuit Court Clerk at 859-498-5966 or 859-498-5991 to confirm filing by mail, paper requirements, and the next Probate Petitions docket. Kentucky's small estate route is a court petition to dispense with administration under KRS 395.455, not an out-of-court affidavit. | Sunset can assemble known assets, debts, and family details remotely and help create the correct Kentucky forms before the adult child decides whether travel to Mount Sterling is needed. |
| Parent settling predeceased child's estate, home must be sold | If the home cannot be sold without estate authority, file for appointment in Montgomery County District Court under KRS 24A.120 and plan for a Probate Petitions date on Wednesday or Thursday at 8:30 a.m. After appointment, obtain the AOC-807 Certificate of Qualification and calendar the AOC-841 inventory deadline under KRS 395.250. | Sunset helps locate accounts, build an estate settlement checklist, prepare the appointment packet, and connect the parent with a local probate attorney when a sale, title issue, or creditor issue under KRS 396.011 needs legal help. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Montgomery County Office of Circuit Court Clerk | Provides probate forms, fee totals, court dates, and remote-event instructions for Montgomery County filings. The clerk cannot give legal advice. | Montgomery County Courthouse, One Court St., Mount Sterling, KY 40353; 859-498-5966 or 859-498-5991. |
| Kentucky Court of Justice self-help portal | Offers guided A2J interviews for Probate Estate and Dispense with Administration under KRS 395.455. | https://www.kycourts.gov/Legal-Help/Pages/Self-Help-Portal.aspx |
| Legal Aid of the Bluegrass | Regional civil legal aid program for Montgomery County. Ask the program directly whether it can help with your issue. | 859-431-8200; https://lablaw.org |
| KY Free Legal Answers | Online legal question platform for eligible Kentucky residents. | https://ky.freelegalanswers.org/ |
| Kentucky Bar Association lawyer referral | Referral resource for finding a Kentucky attorney. | https://www.kybar.org/page/lawreferserv |
| Guide to basic Kentucky probate procedures | A Kentucky Court of Justice probate guide that explains general probate concepts. Use current KRS provisions and current AOC forms for deadlines, bond under KRS 395.130, inventory under KRS 395.250, and financial disclosure under KRS 395.015. | https://www.kycourts.gov/Legal-Help/Documents/probateguide.pdf |
When to hire an attorney
Consider a Kentucky probate attorney if the estate is contested under KRS 24A.120, a will contest may be filed under KRS 394.240, real estate must be sold, creditors under KRS 396.011 are disputed, beneficiaries will not sign closing papers, or you are unsure whether a KRS 395.455 dispense-with-administration petition is enough. Sunset connects you to a vetted probate attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families identify accounts, property, debts, and beneficiary information before they file, so the estate settlement starts with a clearer picture of what Montgomery County District Court under KRS 24A.120 may need to handle.
Generate the probate packet. Sunset turns the information you provide into a Kentucky probate packet using the statewide AOC forms, including appointment forms, dispense-with-administration materials under KRS 395.455, and closing forms where appropriate.
Find a local probate attorney. When a sale, dispute, tax question, creditor issue under KRS 396.011, or family disagreement needs legal advice, 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 probate materials, and find help without paying Sunset.
Frequently asked questions
Where do I file probate in Montgomery County, Kentucky?
File with the Office of Circuit Court Clerk at the Montgomery County Courthouse, One Court St., Mount Sterling, KY 40353, or mail papers to P.O. Box 327, Mount Sterling, KY 40353. Kentucky probate is handled in District Court under KRS 24A.120, and venue usually follows the county where the person lived at death under KRS 394.140.
What phone number should I use for Montgomery County probate?
The county page publishes 859-498-5966 and 859-498-5991 for the Office of Circuit Court Clerk, plus fax 859-498-9341. It does not label either phone number as a separate probate or District Court line under KRS 24A.120, so use both office numbers if needed.
Does Montgomery County publish probate hearing days?
Yes. The Montgomery County page lists Probate Petitions on Wednesday and Thursday at 8:30 a.m. and Motion for Probates on the fourth Wednesday at 2:30 p.m. Call the Office of Circuit Court Clerk before you travel because the page does not publish a filing-to-hearing wait time.
Can I handle a Montgomery County probate remotely?
Do not assume either way. Kentucky courts have used Zoom for some proceedings since March 2020, but login details for a Montgomery County District Court probate matter under KRS 24A.120 come from the Office of Circuit Court Clerk. Call 859-498-5966 or 859-498-5991 before the scheduled event.
Is electronic filing required for Montgomery County probate?
For an attorney, yes. Since January 1, 2024, an attorney handling eligible Kentucky probate filings must use the Kentucky Court of Justice eFiling system. A self-represented filer may still file paper documents with the Office of Circuit Court Clerk in Mount Sterling.
How much does it cost to open probate in Montgomery 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. Montgomery 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.
Does Montgomery County have its own probate forms?
No separate Montgomery County probate form set is published on the county page. Montgomery County uses Kentucky statewide AOC forms, including 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 Montgomery County probate case online?
Kentucky provides a free court-date docket lookup at https://kcoj.kycourts.net/dockets/, but it is not a full case-record system. For the status of a Montgomery County estate, contact the Office of Circuit Court Clerk in Mount Sterling.
Do I have to travel to Mount Sterling to file?
Self-represented filers can ask the Office of Circuit Court Clerk whether a paper filing may be mailed to P.O. Box 327, Mount Sterling, KY 40353. If a hearing is scheduled, ask the Office of Circuit Court Clerk whether the event is in person or by Zoom, because remote details are not published centrally.
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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.