Kentucky Probate Information
Quick facts
| Topic | Kentucky rule |
|---|---|
| Court that hears estates | Kentucky probate is a District Court matter. KRS 24A.120 gives District Court exclusive jurisdiction over matters involving probate, except contested matters filed fresh in Circuit Court as original adversary proceedings. |
| Filing officer | File with the Office of Circuit Court Clerk in the county where the estate belongs, even though the case is in District Court under KRS 24A.120. |
| Where to file | For a will, venue is the District Court of the testator's residence under KRS 394.140. If there is no will, KRS 395.030 sends administration to the same court that would have had jurisdiction to probate a will. |
| Main routes | Dispense with administration under KRS 395.455, full administration, or dispensing with administration by written agreement under KRS 395.470. |
| Small-estate path | Kentucky does not have a small-estate affidavit. The court petition is AOC-830 under KRS 395.455, tied to the $30,000 exemption in KRS 391.030 and preferred claims under KRS 396.095. |
| Authority document | After appointment under KRS 395.105, the clerk issues a Certificate of Qualification, AOC-807. Kentucky law also uses letters of appointment in KRS 395.105 and lets the clerk issue formal letters under seal under KRS 395.110. |
| Opening cost | $80 to open a probate case: a $50 filing fee set by Supreme Court rule effective July 1, 2026 under CR 3.03(1)(c), plus a $10 Access to Justice Fee under KRS 27A.630 and a $20 court technology fee under CR 3.03(1)(m). A county may add a $10 court facilities fee under KRS 24A.185 and a county law library fee under KRS 453.060 where those apply. |
| Forms | Kentucky uses 24 statewide Administrative Office of the Courts probate forms, including AOC-805, AOC-830, AOC-841, AOC-846 and AOC-850. |
| E-filing | Since January 1, 2024, an attorney handling Kentucky probate case types must e-file eligible papers. A self-represented filer may register but is not required to e-file. |
| Case lookup | Kentucky does not publish a free public docket search for District Court probate cases. CourtNet runs behind the Kentucky Court of Justice account portal, and the Administrative Office of the Courts says trial-court records come from the Office of Circuit Court Clerk in the county where the case was handled. |
| Remote appearance | Kentucky courts have used Zoom since March 2020, but there is no standing statewide probate remote-appearance order. The Court of Justice tells parties to contact the Office of Circuit Court Clerk in the county where the appearance is scheduled. |
| Inventory | A personal representative must file AOC-841 within ninety days of qualifying, and the inventory is confidential and placed under seal under KRS 395.250, effective July 15, 2026. |
| Creditor claims | Creditor claims are barred unless presented within six months after appointment, or within two years after death where no personal representative was appointed, under KRS 396.011. |
| Taxes | Kentucky has no tax on the estate itself under KRS Chapter 140, but it has an inheritance tax under KRS 140.070. Class A beneficiaries are exempt under KRS 140.080, and after the 2026 change, siblings, nieces and nephews are Class A for deaths on or after January 1, 2026. |
Before you begin — know the assets and liabilities
Start a Kentucky estate settlement by identifying the assets, debts, paid funeral expenses and beneficiaries before you choose a filing route. That matters because the Kentucky small-estate path is not a simple threshold: under KRS 395.455, the District Court compares the KRS 391.030 exemption and preferred claims under KRS 396.095 against the distributable assets.
Sunset searches more than 2,300 institutions for accounts, policies and holdings that may change which Kentucky estate settlement path fits. Finding an account before you file can be the difference between asking to dispense with administration under KRS 395.455 and opening full administration.
Which court handles probate
Kentucky probate is organized county by county, but the court structure is statewide. KRS 24A.120 gives District Court exclusive jurisdiction over matters involving probate in all 120 counties, and the filing office is the Office of Circuit Court Clerk in the county where the estate belongs.
Venue starts with residence. KRS 394.140 says a will is proved and admitted to record by the District Court of the testator's residence; if the residence was on a United States Army post, military reservation or fort, the will may be proved in the District Court of any adjacent county. If the decedent had no known Kentucky residence and land is devised, venue is where the land or part of it lies. If no land is devised, venue may be where the decedent died, where the estate or part of it is, or where a debt or demand was owed to the decedent. If there is no will, KRS 395.030 gives administration to the District Court that would have had jurisdiction to probate the will.
KRS 24A.030 divides Kentucky into 59 judicial districts. Many rural judicial districts cover more than one county, so one District Judge may serve several counties and probate matters are heard when that county's District Court docket is called. Larger counties such as Jefferson, Fayette, Kenton, Warren, Hardin, Daviess, Christian, McCracken, Bullitt, Franklin, Henderson and Pike have their own District Court judicial districts under KRS 24A.030.
The probate process
- Identify the proper county. For a will, file in the District Court of the testator's residence under KRS 394.140. If the person died intestate, KRS 395.030 sends the estate to the same District Court that would have handled the will.
- Choose the route before filing. Use AOC-830 if you are asking the District Court to dispense with administration under KRS 395.455, use AOC-805 under KRS 394.145 for full administration, or use the written-agreement route only after appointment and creditor notice under KRS 395.470.
- Prepare the opening packet. A full administration usually starts with AOC-805 under KRS 394.145, the fiduciary oath or declaration on AOC-809, and the financial disclosure statement AOC-808, filed separately and under seal under KRS 395.015. A request to dispense with administration under KRS 395.455 uses AOC-830.
- File with the Office of Circuit Court Clerk and pay the opening charges. The statewide opening cost is $80: a $50 filing fee under CR 3.03(1)(c), effective July 1, 2026, plus a $10 Access to Justice Fee under KRS 27A.630 and a $20 court technology fee under CR 3.03(1)(m). A county may add a $10 court facilities fee under KRS 24A.185 and a county law library fee under KRS 453.060 where those apply.
- Use the right filing method. Since January 1, 2024, an attorney must e-file eligible Kentucky probate papers in the listed probate case types. A self-represented filer may register for eFiling but can still file paper with the Office of Circuit Court Clerk.
- If the District Court appoints a personal representative under KRS 395.105, the Office of Circuit Court Clerk issues the Certificate of Qualification, AOC-807. That certificate and the appointment order are what banks and title companies usually ask to see. KRS 395.105 also uses letters of appointment, and KRS 395.110 lets the clerk issue formal letters under seal.
- Address bond only if the court orders one. Since July 15, 2026, KRS 395.130 says no bond is required of a personal representative unless subsection (2) applies or the court orders one to protect the estate.
- File the inventory. A personal representative must file AOC-841 within ninety days of qualifying, and the inventory is confidential and placed under seal under KRS 395.250.
- Administer claims and taxes. Creditor claims are barred unless presented within six months after appointment, or within two years after death when no personal representative was appointed, under KRS 396.011. Before closing, handle the inheritance tax requirement under KRS 140.070 and KRS 395.605 or KRS 395.610.
- Wait before distributing and then close. KRS 395.190 allows distribution six months after qualification. Close with an informal final settlement on AOC-850 under KRS 395.605, or with a formal settlement on AOC-846 under KRS 395.610.
Types of probate
| Route | What it does | Authority | Main forms |
|---|---|---|---|
| Dispense with administration | The District Court orders assets transferred and no personal representative is appointed. It can be used in testate and intestate estates, and the court may dispense with administration without requiring renunciation of a will. | KRS 395.450, KRS 395.455, KRS 391.030, KRS 396.095 | AOC-830 Petition to Dispense with Administration, Rev. 1-26; AOC-830.1 Order Dispensing with Administration, Rev. 12-25 |
| Full administration | The District Court admits the will if there is one, appoints an executor or administrator, and the personal representative handles the inventory, creditor claims, taxes, distribution and settlement. | KRS 394.140, KRS 394.145, KRS 395.015, KRS 395.105, KRS 395.250, KRS 395.605, KRS 395.610 | AOC-805 to open, AOC-807 after appointment, AOC-841 for the inventory, AOC-846 or AOC-850 to close |
| Dispensing with administration by written agreement | After a personal representative has been appointed and creditors have been advertised, all beneficiaries agree in writing under penalty of perjury that there be no further administration. It requires six weeks of posting at the courthouse door plus publication under KRS Chapter 424, and creditors then have six months from the order. | KRS 395.470, effective July 15, 2026 | No dedicated AOC form was found in the statewide probate form set |
Kentucky does not have a small-estate affidavit. The Kentucky small-estate path is AOC-830 under KRS 395.455, a court petition asking the District Court to order transfer without appointing an executor or administrator.
Executor duties
Executor duties in Kentucky
In Kentucky, executor and administrator are the situation-specific words, and personal representative is the umbrella term used in KRS Chapter 395. The statewide duties are tied to qualification, inventory, claims, tax and settlement.
| Duty | Kentucky requirement |
|---|---|
| Qualify before acting | Before entering on the trust, the fiduciary receives letters of appointment from the District Court under KRS 395.105. The clerk issues the Certificate of Qualification, AOC-807. |
| Make the opening disclosures | The 2026 rewrite added a financial disclosure statement, AOC-808, filed separately and under seal under KRS 395.015. |
| Handle bond if ordered | KRS 395.130 no longer requires bond by default, effective July 15, 2026. The court must order a surety bond for a public administrator under KRS 395.380 or a curator under KRS 395.410, and may order one if needed to protect the estate. |
| File the inventory | File AOC-841 within ninety days of qualifying. The inventory is confidential and placed under seal under KRS 395.250. |
| Deal with claims | Creditor claims are barred unless presented within six months after appointment, or within two years after death if no personal representative was appointed, under KRS 396.011. Preferred claims are paid in the order listed in KRS 396.095. |
| Address tax before closing | Before an informal final settlement under KRS 395.605 or a formal settlement under KRS 395.610, the fiduciary must account for state inheritance tax under KRS 140.070 and federal estate tax if any. |
| Distribute and close | KRS 395.190 allows a personal representative to distribute six months after qualification. Close with AOC-850 under KRS 395.605 or AOC-846 under KRS 395.610. |
Forms and documents
Probate forms in Kentucky
Kentucky uses statewide Administrative Office of the Courts probate forms in every county. The Office of Circuit Court Clerk can provide the forms, and the AOC publishes the full set free online.
| Form | Title | Revision |
|---|---|---|
| AOC-805 | Petition for Probate of Will; and/or Appointment of Executor/Administrator | 7-26 |
| AOC-805.1 | Order Probating Will; or Probating Will and Appointing Executor/Administrator | 7-26 |
| AOC-805.2 | Order Appointing Administrator (No Will) | 7-26 |
| AOC-807 | Certificate of Qualification | 12-25 |
| AOC-808 | Financial Disclosure | 7-26 |
| AOC-809 | Declaration of Oath of Fiduciary | 7-26 |
| AOC-810 | Motion for Survivorship Exemption | 1-26 |
| AOC-810.1 | Order for Survivorship Exemption | 12-25 |
| AOC-815 | Affidavit of Waiver of Appointment of Fiduciary | 7-26 |
| AOC-825 | Fiduciary Bond | 7-26 |
| AOC-830 | Petition to Dispense with Administration | 1-26 |
| AOC-830.1 | Order Dispensing with Administration | 12-25 |
| AOC-831 | Affidavit of Waiver of Survivorship Exemption | 1-26 |
| AOC-840.1 | Order Appointing Public Administrator and/or Guardian | 12-25 |
| AOC-841 | Inventory and Appraisement of Estate | 7-26 |
| AOC-845 | Notice of Failure to File | 7-26 |
| AOC-846 | Settlement of Estate | 8-26 |
| AOC-846.1 | Order for Settlement Hearing | 12-25 |
| AOC-846.2 | Settlement Order | 12-25 |
| AOC-850 | Application for Informal Final Settlement | 7-26 |
| AOC-850.1 | Informal Final Settlement Order | 7-26 |
| AOC-851 | Affidavit of Waiver of Formal Settlement | 7-26 |
| AOC-860 | Affidavit for Probate Fee Exemption | 12-25 |
| AOC-860.1 | Probate Fee Exemption Order | 12-25 |
The recent revision dates matter. AOC-805 cites KRS 394.145, KRS 395.015 and KRS 395.130 in its footer, and AOC-830 cites KRS 391.030, KRS 394.145, KRS 395.455 and KRS 396.095. Several forms were revised in 7-26 or 8-26 after the 2026 rewrite.
Fees
Kentucky's opening cost starts with a statewide $50 filing fee under CR 3.03(1)(c), effective July 1, 2026, plus two required add-ons. County add-ons are conditional.
| Component | Amount | Authority |
|---|---|---|
| Probate civil filing charge | $50.00, effective July 1, 2026 | CR 3.03(1)(c), Supreme Court of Kentucky Order 2026-15 |
| Access to Justice Fee | $10.00 in District Court | KRS 27A.630 |
| Court technology fee | $20.00 | CR 3.03(1)(m); the Accounting Manual lists the probate block with the July 1, 2026 civil filing charge |
| Court facilities fee | $10.00 if adopted by county fiscal court ordinance | KRS 24A.185 |
| County law library fee | Varies where in force | KRS 453.060 and KRS 172.180 |
| Attorney tax fee | $2.50 where an attorney files | KRS 453.060 and the Kentucky Circuit Court Clerks' Accounting Manual, last revised July 22, 2026 |
The practical statewide number is $80 to open a probate case before conditional local add-ons: $50 under CR 3.03(1)(c), effective July 1, 2026, plus the $10 Access to Justice Fee under KRS 27A.630 and the $20 court technology fee under CR 3.03(1)(m). A county may add a $10 court facilities fee under KRS 24A.185 and a county law library fee under KRS 453.060 where those apply, so confirm the counter total with the Office of Circuit Court Clerk before filing.
AOC-860 Affidavit for Probate Fee Exemption applies to the estate of a person who died in the line of duty under KRS 61.315. It is the only probate fee exemption form in the statewide probate form set; ordinary hardship or a small estate under KRS 395.455 does not waive the filing fee under CR 3.03.
Timeline
- Before opening: KRS 395.010 gives a ten-year outer limit. Original administration shall not be granted after ten years from death.
- At filing: file in the proper District Court under KRS 394.140 and KRS 395.030, through the Office of Circuit Court Clerk. Use AOC-805 under KRS 394.145 for full administration or AOC-830 under KRS 395.455 to dispense with administration.
- At appointment: if the District Court appoints a personal representative, KRS 395.105 provides for letters of appointment and the clerk issues AOC-807, the Certificate of Qualification.
- Within ninety days of qualifying: file AOC-841. The inventory is confidential and placed under seal under KRS 395.250, effective July 15, 2026.
- For claims: under KRS 396.011, creditor claims are barred unless presented within six months after appointment, or within two years after death where no personal representative was appointed.
- At six months after qualification: KRS 395.190 allows the personal representative to distribute estate assets.
- At six months after appointment: KRS 395.605 allows an informal final settlement on AOC-850 if the statutory conditions are met.
- At two years after appointment and annually after that: KRS 395.610 requires periodic settlement unless otherwise provided by law.
- If someone contests the District Court's will decision: KRS 394.240 gives two years after that decision to file an original Circuit Court action. This is not a deadline to offer a will for probate.
- If inheritance tax is owed: the Kentucky return is due within 18 months from death, and settlement must address the inheritance tax under KRS 140.070, KRS 395.605 and KRS 395.610.
State-specific considerations
California uses statewide Judicial Council forms (the DE-series). The same forms apply in all 58 counties, although counties may add local cover sheets. Los Angeles requires LASC PRO 010.
| Consideration | Why it matters |
|---|---|
| The filing officer's title sounds counterintuitive | Probate is in District Court under KRS 24A.120, but the papers are filed with the Office of Circuit Court Clerk because that elected clerk serves both Circuit Court and District Court. |
| Contested estates move differently | A contested probate matter is filed fresh in Circuit Court as an original adversary proceeding under KRS 24A.120 and KRS 394.240. It is not treated as an appeal. |
| Kentucky's curator is different | A curator under KRS 395.410 serves a living person who asks the court for help managing finances. It is not the word for a temporary estate fiduciary. |
| Many judges serve more than one county | KRS 24A.030 creates 59 judicial districts. Many rural judicial districts include multiple counties, so the county's probate docket depends on when District Court sits there. |
| The 2026 changes are unusually important | 2026 Ky. Acts ch. 134, effective July 15, 2026, changed bond under KRS 395.130, the inventory deadline and confidentiality under KRS 395.250, financial disclosure under KRS 395.015, and settlement under KRS 395.605 and KRS 395.610. |
| Two official-looking sources lag the statutes | The AOC's February 2025 guide still says the inventory is due sooner and that every fiduciary must provide bond, but KRS 395.250 and KRS 395.130 now control. The Department of Revenue page still places nieces and nephews outside the current Class A list, but KRS 140.070 controls for deaths on or after January 1, 2026. |
Small-estate alternatives
Kentucky does not have a small-estate affidavit. What Kentucky has is a District Court petition to dispense with administration under KRS 395.455, using AOC-830, which asks the judge to transfer assets without appointing an executor or administrator.
The $30,000 figure is the surviving spouse or surviving children exemption under KRS 391.030, effective July 15, 2020, as amended by 2020 Ky. Acts ch. 24. It is not a ceiling on the estate. Under KRS 395.455, the court asks whether the KRS 391.030 exemption, together with preferred claims paid under KRS 396.095, equals or exceeds the distributable assets.
KRS 395.455 also allows dispensing with administration in both testate and intestate estates. If the court is satisfied that no distributable estate will pass through a personal representative, it may order that no letters of administration issue and, in a testate estate, may order the will probated only.
Recent updates
| Change | Effective date | Authority |
|---|---|---|
| KRS Chapter 395 was substantially rewritten. The inventory deadline moved to ninety days and the inventory became confidential and placed under seal under KRS 395.250. Bond stopped being required by default under KRS 395.130. A financial disclosure statement, AOC-808, became part of applying for appointment under KRS 395.015. | July 15, 2026 | 2026 Ky. Acts ch. 134 (SB 50) |
| The District Court probate opening charge was set at $50.00 by Supreme Court rule, with the $10 Access to Justice Fee under KRS 27A.630 and the $20 court technology fee under CR 3.03(1)(m) added. | July 1, 2026, by an order entered May 14, 2026 | CR 3.03(1)(c) and (1)(m); Supreme Court of Kentucky Order 2026-15 |
| Nieces, nephews, nieces and nephews of the half blood, and siblings including of the half blood were moved into inheritance tax Class A under KRS 140.070. Class A is exempt under KRS 140.080. | April 27, 2026, applied to deaths on or after January 1, 2026 | 2026 Ky. Acts ch. 198, sec. 40; Legislative Research Commission Note (4/27/2026) |
| Attorneys became required to e-file eligible Kentucky probate case types, including probate testate, probate intestate, petition to dispense with administration under KRS 395.455 and will contest under KRS 394.240. Self-represented parties may register but are not required to e-file. | January 1, 2024 | Kentucky Court of Justice eFiling rules; Supreme Court of Kentucky Order 2024-17 and Order 2025-41 |
| The AOC's Guide to Basic Kentucky Probate Procedures still carries its February 2025 revision. It remains useful on vocabulary and the clerk's role, but it predates the July 15, 2026 changes to KRS 395.250 and KRS 395.130. | Status as of August 2026 | Guide to Basic Kentucky Probate Procedures; KRS 395.250; KRS 395.130 |
| The Department of Revenue's inheritance and estate tax page still does not reflect the current placement of nieces and nephews in Class A under KRS 140.070 for deaths on or after January 1, 2026. | Status as of August 2026 | KRS 140.070, effective April 27, 2026 |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Kentucky path | What to watch | Where Sunset helps |
|---|---|---|---|
| Surviving spouse with co-owned home | Property that passes by survivorship is not part of what the District Court distributes. If the assets in the decedent's sole name are modest, the spouse's $30,000 exemption under KRS 391.030 plus preferred claims under KRS 396.095 may support AOC-830 to dispense with administration under KRS 395.455. If not, use full administration. | The $30,000 exemption under KRS 391.030 is not a small-estate ceiling. It is one side of the KRS 395.455 comparison, and it applies in testate estates too. | Sunset helps find sole-name accounts, debts and paid funeral expenses so the family can see whether AOC-830 under KRS 395.455 is realistic. |
| Out-of-state adult child with small estate | File in the District Court of the county where the parent lived at death under KRS 394.140, or under KRS 395.030 if there is no will. If appointment is needed, AOC-805 under KRS 394.145 opens the case and AOC-807 follows appointment under KRS 395.105. If the numbers fit, AOC-830 asks to dispense with administration under KRS 395.455. | Do not assume a remote appearance. Kentucky courts use Zoom, but the statewide instruction is to contact the Office of Circuit Court Clerk. Bond is no longer required by default under KRS 395.130, but the court can order one. | Sunset organizes the filing facts and can connect the family with a Kentucky attorney if travel, signing, eFiling or court scheduling becomes difficult. |
| Parent settling predeceased child's estate, home must be sold | A sale of real estate usually means full administration: AOC-805 under KRS 394.145, appointment and AOC-807 under KRS 395.105, AOC-841 inventory within ninety days under KRS 395.250, the claims period under KRS 396.011, then AOC-846 under KRS 395.610 or AOC-850 under KRS 395.605 to close. | Timing matters. Creditors have six months under KRS 396.011, distribution generally waits six months under KRS 395.190, and the final settlement must address inheritance tax under KRS 140.070 if any beneficiary is taxable. | Sunset helps identify accounts, title issues and liabilities before the family hires counsel or starts the court process. |
Self-help resources
The Office of Circuit Court Clerk can provide forms and tell you court dates and the amount due at filing, but the clerk is not an attorney and cannot give legal advice.
| Resource | What it offers | Link |
|---|---|---|
| Kentucky Court of Justice Self-Help Portal | Guided interviews, including Dispense with Administration under KRS 395.455 and Probate Estate, delivered through A2J.org | https://www.kycourts.gov/Legal-Help/Pages/Self-Help-Portal.aspx |
| A2J.org Kentucky interviews | The guided-interview platform linked from the Court of Justice portal | https://a2j.org/#Kentucky |
| Statewide AOC probate forms | All 24 Probate - Wills and Estates 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 | https://www.kycourts.gov/Legal-Forms/Pages/default.aspx |
| Guide to Basic Kentucky Probate Procedures | The AOC consumer booklet. It is useful on vocabulary and the Office of Circuit Court Clerk, but it predates the July 15, 2026 changes to KRS 395.250 and KRS 395.130. | https://www.kycourts.gov/Legal-Help/Documents/probateguide.pdf |
| KYJustice.org | Statewide civil legal information linked from the Court of Justice self-help portal | https://www.kyjustice.org/ |
| Kentucky Free Legal Answers | Free online civil legal questions answered by volunteer attorneys | https://ky.freelegalanswers.org/ |
| Kentucky Bar Association Lawyer Referral Services | Referral directory for finding a lawyer | https://www.kybar.org/page/lawreferserv |
| Civil legal aid programs | Kentucky is divided among four regional civil legal aid programs: Kentucky Legal Aid in south central and western Kentucky, Legal Aid Society in Louisville and surrounding counties, Legal Aid of the Bluegrass in central and northern Kentucky, and AppalReD Legal Aid in eastern and southeastern Kentucky. They are general civil programs, so ask the program directly whether it can help with an estate matter. | https://www.kycourts.gov/Legal-Help/Pages/Civil-Legal-Aid-Programs.aspx |
When to hire an attorney
A Kentucky probate attorney makes sense when the estate includes real estate that must be sold, a will contest under KRS 394.240 may send the dispute to Circuit Court as an original adversary proceeding under KRS 24A.120, creditors or insolvency are in play under KRS 396.011, the court is considering bond under KRS 395.130, inheritance tax under KRS 140.070 is owed because a beneficiary is outside Class A, or the person handling the estate lives out of state. Sunset connects to a vetted attorney.
How Sunset helps in Kentucky
Find the accounts and assets. Sunset searches for accounts, policies and holdings in the decedent's name, which matters in Kentucky because the choice between petitioning to dispense with administration under KRS 395.455 and opening full administration turns on what the distributable assets actually add up to.
Generate the probate packet. Sunset assembles the information a Kentucky filing needs, from the petition for probate of a will and appointment of an executor or administrator through the inventory and closing settlement, using the statewide Administrative Office of the Courts forms.
Find a local probate attorney. Sunset connects families to vetted probate attorneys who practice in the county where the estate will be filed, which matters in a state where one District Judge often serves several counties under KRS 24A.030 and the docket is called on set days.
Sunset is free for families.
Frequently asked questions
Which court handles probate in Kentucky, and where do I file?
Kentucky probate belongs in District Court. KRS 24A.120 gives District Court exclusive jurisdiction over matters involving probate. File with the Office of Circuit Court Clerk in the county where venue belongs. For a will, KRS 394.140 starts with the District Court of the testator's residence, and if there is no will, KRS 395.030 sends administration to that same court.
Does Kentucky have a small-estate affidavit?
No. Kentucky does not have a small-estate affidavit. The Kentucky small-estate path is a court petition to dispense with administration under KRS 395.455, filed on AOC-830. The $30,000 figure is the surviving spouse or surviving children exemption under KRS 391.030, and the court compares that exemption and preferred claims under KRS 396.095 against the distributable assets.
How much does it cost to open a probate case in Kentucky?
The statewide starting amount is $80: a $50 filing fee under CR 3.03(1)(c), effective July 1, 2026, plus a $10 Access to Justice Fee under KRS 27A.630 and a $20 court technology fee under CR 3.03(1)(m). A county may add a $10 court facilities fee under KRS 24A.185 and a county law library fee under KRS 453.060 where those apply. AOC-860 is the probate fee exemption form for a line-of-duty death under KRS 61.315.
Do I have to e-file my Kentucky probate case?
An attorney must e-file eligible Kentucky probate case types, including probate testate, probate intestate, petition to dispense with administration under KRS 395.455 and will contest under KRS 394.240, because the attorney mandate has applied since January 1, 2024. A self-represented filer may register for eFiling but is not required to do so.
Can I look up a Kentucky probate case online?
Kentucky does not publish a free public docket search for District Court probate cases. CourtNet is behind the Kentucky Court of Justice account portal, and the Administrative Office of the Courts says it does not maintain trial-court case records. To find the status of an estate, contact the Office of Circuit Court Clerk in the county where the case was filed.
Can I appear remotely for a Kentucky probate hearing?
Maybe, but do not assume it. Kentucky courts have used Zoom since March 2020, and the Court of Justice publishes remote-court instructions, but no standing statewide order gives a right to appear remotely in a District Court probate matter under KRS 24A.120. The statewide instruction is to contact the Office of Circuit Court Clerk in the county where you are scheduled to appear.
Do I need a bond to be an executor in Kentucky?
Not by default. Since July 15, 2026, KRS 395.130 says no bond is required of a personal representative unless subsection (2) applies or the court orders one. The court must order surety bond for a public administrator under KRS 395.380 or a curator under KRS 395.410, and may order bond if needed to protect the estate.
How long do creditors have to file a claim against a Kentucky estate?
Under KRS 396.011, creditor claims are barred unless presented within six months after the personal representative's appointment. If no personal representative has been appointed, KRS 396.011 gives a two-year period after death. Security interests and liability-insurance proceedings are treated separately under the same statute.
Is there a deadline to probate a will in Kentucky?
Kentucky has a ten-year outer limit for original administration under KRS 395.010. The two-year clock in KRS 394.240 is different: it is the time to bring a will contest as an original action in Circuit Court after the District Court admits or rejects the will. KRS 394.240 is not a two-year deadline to offer a will.
Does Kentucky have inheritance tax, and are nieces and nephews exempt?
Kentucky has an inheritance tax under KRS 140.070, but no tax on the estate itself under KRS Chapter 140. Class A beneficiaries are exempt under KRS 140.080. KRS 140.070 now places siblings, nieces and nephews, including half-blood nieces and nephews, in Class A for estates of decedents who died on or after January 1, 2026.
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.