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Wayne County, KY Probate Information
Quick facts
| Item | Details |
|---|---|
| Court | Wayne County District Court, sitting in probate under KRS 24A.120 |
| Filing office | Office of Circuit Court Clerk for Wayne County |
| Courthouse address | Wayne County Justice Center, 100 W. Columbia Ave., Suite 101, Monticello, KY 42633 |
| Mailing | No separate mailing address is published for the Wayne County office. |
| Phone | 606-348-5841 and 606-348-5983. The Wayne County page lists both numbers for the Office of Circuit Court Clerk without labeling them by division. |
| Fax | 606-348-4225 |
| 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. Wayne 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. |
| Payments | Cash, certified check, money order, credit cards and debit cards, with a card fee. The court page also links to ePay. Personal checks are not listed as an accepted payment method. |
| Forms | Wayne County uses Kentucky statewide AOC probate forms and does not publish a separate Wayne County probate form set. |
| Electronic filing | Kentucky probate eFiling through the Kentucky Court of Justice system has been mandatory for an attorney since January 1, 2024. A self-represented filer may register but is not required to e-file and may file paper at the Office of Circuit Court Clerk in Monticello. |
| Case information | Kentucky does not publish a free public case search for District Court probate case files. The Kentucky court access portal requires login, and a separate no-login court-date lookup exists but is not an official docket. Contact the Office of Circuit Court Clerk for the status of a Wayne County estate. |
| Remote appearance | Wayne County posts only the statewide remote-court instructions. Whether a probate matter is in person or remote is handled through the judge and the Office of Circuit Court Clerk. |
| Accessibility | Parking on the sides of the building is listed as handicap accessible. No ramp or elevator information is published on the Wayne County page. |
| Website | https://www.kycourts.gov/Courts/County-Information/Pages/Wayne.aspx |
Before you begin — know the assets and liabilities
Before you file in Monticello, list the assets, debts, co-owners, beneficiaries, possible creditor claims under KRS 396.011, and whether anything needs a court-appointed personal representative. That first inventory of information shapes whether the estate settlement needs a full appointment under AOC-805 and KRS 394.145, a petition to dispense with administration under AOC-830 and KRS 395.455, or a narrower court order.
Sunset can help identify accounts and property before the first filing. Sunset's asset discovery searches more than 2,300 institutions, so families can start estate settlement with a clearer picture of what exists and what may need to pass through Wayne County District Court under KRS 24A.120.
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 an intestate estate goes to that same court under KRS 395.030. If the person lived in Wayne County, the papers go to the Office of Circuit Court Clerk at the Wayne County Justice Center in Monticello.
Wayne County covers Monticello and the county's unincorporated communities, including Parmleysville. Wayne County shares the 40th Judicial District with Clinton and Russell counties under KRS 24A.030, but the filing point for a Wayne County estate remains the Monticello courthouse.
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 Wayne County, at the Wayne County courthouse in Monticello. If the estate becomes contested, the dispute is filed fresh in Wayne 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 request. AOC-805 opens a probate estate and cites KRS 394.145; AOC-830 asks the court to dispense with administration and cites KRS 395.455; AOC-808 is the financial disclosure required by KRS 395.015; AOC-841 is the inventory form tied to KRS 395.250.
- File with the Office of Circuit Court Clerk at the Wayne County Justice Center, 100 W. Columbia Ave., Suite 101, Monticello, KY 42633. An attorney must use Kentucky eFiling for eligible probate filings because attorney eFiling has been mandatory since January 1, 2024. A self-represented filer may use paper filing at the clerk's office.
- Pay the opening charge. $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. Wayne 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.
- Use a payment method Wayne County lists: cash, certified check, money order, credit card or debit card, with a card fee, or ePay where available. The Wayne County page does not list personal checks as an accepted payment method.
- Complete any notice, waiver, oath or bond papers the Kentucky forms require. Kentucky no longer requires a bond by default, since KRS 395.130 says no bond is required of a personal representative unless the court orders one.
- Ask the Office of Circuit Court Clerk about any hearing date, because Wayne County does not publish a probate motion schedule. Kentucky courts have used Zoom for remote proceedings, but Wayne County posts no local Zoom login, so ask the Office of Circuit Court Clerk before assuming a hearing will be remote.
- If the District Court appoints you, the Office of Circuit Court Clerk issues a Certificate of Qualification, AOC-807. KRS 395.105 calls the fiduciary's authority letters of appointment, and KRS 395.110 lets you ask the clerk for formal letters under seal.
- Administer the estate. A personal representative files the inventory within ninety days under KRS 395.250, handles creditor claims under KRS 396.011, waits to distribute property until allowed under KRS 395.190, and then closes by the correct settlement form, such as AOC-850 under KRS 395.605 or AOC-846 under KRS 395.610.
Forms and documents
Probate forms in Wayne County
Wayne County uses Kentucky's statewide Administrative Office of the Courts probate forms; there is no separate Wayne 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.
| Form | Use |
|---|---|
| AOC-805 | Petition for Probate of Will and/or Appointment of Executor/Administrator, used to start a full estate case under KRS 394.145. |
| AOC-808 | Financial Disclosure, part of the appointment filing under KRS 395.015. |
| AOC-807 | Certificate of Qualification, the clerk-issued proof of appointment. |
| AOC-830 | Petition to Dispense with Administration, the Kentucky court petition tied to KRS 395.455. |
| AOC-841 | Inventory and Appraisement of Estate, filed under KRS 395.250. |
| AOC-846 | Settlement of Estate, used for a settlement under KRS 395.610. |
| AOC-850 | Application for Informal Final Settlement, used under KRS 395.605. |
Local nuance
Wayne County-specific considerations
| Local point | Why it matters |
|---|---|
| Two office numbers are listed | The Wayne County page lists 606-348-5841 and 606-348-5983 under the Office of Circuit Court Clerk without labeling either number by division. Use either number, and ask to be routed to District Court probate under KRS 24A.120. |
| Personal checks are not listed | Wayne County lists cash, certified check, money order, credit card and debit card, with a card fee, plus ePay. If you plan to file in person, do not assume a personal check will be accepted. |
| No local court schedule is posted | The Wayne County page does not publish a District Court probate motion day. Call the Office of Circuit Court Clerk before traveling to Monticello. |
| Remote details are not posted locally | Wayne County links only to the statewide remote-court instructions. If you need to appear remotely, contact the Office of Circuit Court Clerk for the court event details. |
| District and circuit numbering differ | Wayne County is in the 40th Judicial District under KRS 24A.030 for District Court probate matters under KRS 24A.120, while contested matters go to Wayne Circuit Court in a differently numbered circuit. |
Recent updates
Scenarios
| Situation | Likely Wayne County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start at the Office of Circuit Court Clerk in Monticello. A co-owned home may pass outside the probate estate depending on title, but if court authority is needed, Wayne County District Court handles the probate filing under KRS 24A.120. A request to dispense with administration is a court petition under KRS 395.455 and does not itself resolve every real-estate title issue. | Sunset helps gather account and property information, organize title questions for the filing decision, and prepare the estate settlement packet for review. |
| Out-of-state adult child with small estate | Call 606-348-5841 before mailing anything, because Wayne County does not publish a separate mailing box. A self-represented filer is not required to use eFiling, although attorney eFiling has been mandatory since January 1, 2024. If the Kentucky small estate path fits, it is AOC-830, a petition to dispense with administration under KRS 395.455. | Sunset helps identify assets, generate the correct Kentucky forms, and connect the family with a local attorney if travel or signing logistics are difficult. |
| Parent settling predeceased child's estate, home must be sold | A sale of real property usually requires full administration through AOC-805 under KRS 394.145 and appointment of a personal representative. After appointment, the Wayne County Office of Circuit Court Clerk issues the Certificate of Qualification, AOC-807. If a dispute becomes contested, KRS 24A.120 and KRS 394.240 send the dispute to Wayne Circuit Court as an original adversary proceeding. | Sunset helps build the asset list, prepare estate settlement documents, and find a Wayne County probate attorney for the real-estate and court steps. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Office of Circuit Court Clerk, Wayne County | Filing office for Wayne County estates and the place to ask about current totals, hearing dates and copies. | Wayne County Justice Center, 100 W. Columbia Ave., Suite 101, Monticello, KY 42633; 606-348-5841; fax 606-348-4225 |
| Kentucky Court of Justice legal forms | Free statewide AOC probate forms, including AOC-805, AOC-830, AOC-841, AOC-846 and AOC-850. | https://www.kycourts.gov/Legal-Forms/Pages/default.aspx |
| Kentucky Court of Justice Self-Help Portal | 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 and https://a2j.org/#Kentucky |
| AppalReD Legal Aid | Civil legal aid program listed for Wayne County. Ask the program directly what help may be available. | 866-277-5733; https://ardfky.org/ |
| Kentucky Free Legal Answers | Online questions answered by volunteer Kentucky attorneys. | https://ky.freelegalanswers.org/ |
| Kentucky Bar Association lawyer referral services | Statewide attorney referral resource. | https://www.kybar.org/page/lawreferserv |
When to hire an attorney
Consider talking with a Kentucky probate attorney if the estate includes real property to sell, unclear heirs, a possible will contest under KRS 394.240, creditor claims under KRS 396.011, tax issues, or family disagreement. The Office of Circuit Court Clerk can provide forms but cannot give legal advice, and Sunset connects families with a vetted probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches for accounts, insurance, investments and other assets so the family can make filing decisions with a clearer estate settlement picture.
Generate the probate packet. Sunset turns the information you provide into an organized Kentucky probate packet for Wayne County, including the forms needed to open, administer or close the estate.
Find a local probate attorney. If the estate needs legal advice, a contested filing under KRS 24A.120 and KRS 394.240, or help with a home sale, Sunset can connect you with a vetted Kentucky probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, understand next steps and prepare for the Wayne County filing without paying Sunset.
Frequently asked questions
Where do I file probate in Wayne County, Kentucky?
File with the Office of Circuit Court Clerk at the Wayne County Justice Center, 100 W. Columbia Ave., Suite 101, Monticello, KY 42633. Wayne County District Court handles probate under KRS 24A.120.
What does it cost to open a Wayne 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. Wayne 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 Wayne County probate costs by personal check?
The Wayne County page lists cash, certified check, money order, credit card and debit card, with a card fee, plus ePay. It does not list personal checks, so bring an accepted payment method or call the Office of Circuit Court Clerk before you file.
Does Wayne County have its own probate forms?
No separate Wayne County probate form set is published. Use Kentucky's statewide AOC forms, including AOC-805 under KRS 394.145, AOC-830 under KRS 395.455, AOC-841 under KRS 395.250, and AOC-850 under KRS 395.605.
Can I e-file a Wayne County probate case?
An attorney handling a Kentucky probate, intestate case under KRS 395.030, or dispense-with-administration case under KRS 395.455 must e-file because attorney eFiling has been mandatory since January 1, 2024. A self-represented filer may register for eFiling but is not required to do so and may file paper at the Office of Circuit Court Clerk in Monticello.
When are Wayne County probate hearings?
Wayne County does not publish a probate hearing schedule on its county page. Call the Office of Circuit Court Clerk at 606-348-5841 or 606-348-5983 before traveling to Monticello.
Can I appear remotely in Wayne County probate?
Kentucky courts have held proceedings remotely by Zoom since March 2020, and the statewide instructions tell parties to contact the Office of Circuit Court Clerk in the county where they are scheduled to appear. Wayne County posts no local probate Zoom login, so call the Office of Circuit Court Clerk before assuming either an in-person or remote setting.
Can I look up a Wayne County estate online?
Kentucky does not publish a free public case search for District Court probate case files. The Kentucky court access portal requires login, and a separate no-login court-date lookup is only a court-date tool with a nonofficial-docket caveat. Contact the Office of Circuit Court Clerk in Monticello for Wayne County estate status.
Is the Wayne County Justice Center accessible?
The Wayne County page lists parking on the sides of the building as handicap accessible. It does not publish additional ramp or elevator details, so call the Office of Circuit Court Clerk if you need a specific accommodation.
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.