Overview
Adair County is located in Kentucky with a population of approximately 19,200. The Adair County District Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Kentucky probate is governed by Kentucky Revised Statutes (KRS) Chapters 394 and 395. The process begins with filing a Petition for Probate of Will (AOC-805) or Petition for Appointment of Administrator to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Kentucky offers a simplified process known as a Petition to Dispense with Administration (AOC-830) for estates valued at $30,000 or less (in personal property) where there is a surviving spouse or children, or for preferred creditors.
Kentucky law sets a maximum statutory fee for executors and administrators at 5% of the value of the personal estate and 5% of the income collected.
This guide provides an informational overview of the Adair County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Adair County District Court
Probate matters in Adair County are handled at the Adair County Judicial Center.
Address: 201 Campbellsville Street, Suite 101, Columbia, KY 42728
Phone: (270) 384-2626 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM CT
The Office of the Circuit Court Clerk is responsible for maintaining court records and collecting filing fees. The Probate Division is typically located on the first floor.
Parking and Access
Public parking is available around the Judicial Center and the public square. Visitors must pass through security screening upon entering the courthouse.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Petition to Dispense with Administration: If the personal estate is valued at $30,000 or less and passes to a surviving spouse or children (or preferred creditors), you may file Form AOC-830 to skip full administration.
- Survivorship Assets: Assets held in joint tenancy with right of survivorship pass directly to the co-owner.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate of Will / Appointment of Administrator (Form AOC-805) with the Adair County District Court. Include:
- The completed petition form (notarized)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically paid to the Circuit Court Clerk)
- List of heirs and beneficiaries with addresses
E-filing is available for attorneys in many Kentucky counties; pro se litigants typically file in person or by mail.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Adair County (e.g., Adair County Community Voice) to notify creditors.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration. Fiduciary bond may be required unless waived by the will or by all beneficiaries.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 6 months to file claims)
- Inventory and appraise all estate assets within 60 days (Form AOC-841)
- Pay valid creditor claims and estate taxes
- Distribute assets to beneficiaries
- File a Final Settlement (AOC-850 for informal) to close the estate (typically after 6 months)
Local Requirements
Adair County-Specific Procedures
- Fiduciary Bond: A bond is generally required to ensure the personal representative faithfully performs their duties. It may be waived if the will requests it or if all beneficiaries agree.
- Inventory: A duplicate inventory must be filed with the Adair County Clerk (recording side) in addition to the court file.
- Publication: Notice to creditors must be published in the Adair County Community Voice.
- Settlement: An informal settlement can be filed if all beneficiaries sign a waiver; otherwise, a formal settlement is required after two years or upon completion.
Always check with the Circuit Court Clerk for any specific local rules regarding hearing schedules.
Timeline & Fees
Filing Fees (Adair County)
- Petition for Probate: approximately $83.50 - $105.00 (varies by specific filings)
- Petition to Dispense with Administration: approximately $43.50 - $55.00
- Recording Will: approximately $46.00 (County Clerk fee)
- Publication costs: approximately $50 - $100 depending on the length of the notice
- Certified copies: approximately $5.00 per copy
Executor/Administrator fees are capped at 5% of the personal estate value and income.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a processing fee).
Estimated Timelines
- Simple estates (Dispense with Admin): 1-2 months
- Average estates: 6-9 months (minimum 6 months for creditor claims)
- Complex or contested estates: 12 months to 2 years
The 6-month creditor claim period is the primary factor determining the minimum duration of formal probate.
Local Resources
Adair County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: Kentucky Legal Aid
- Kentucky Probate Forms: AOC Legal Forms
Legal Aid and Attorney Referrals
- Kentucky Bar Association: (502) 564-3795 — Lawyer Referral Service
- Appalachian Research and Defense Fund (Legal Aid): (270) 384-4707 — Columbia Office
- Kentucky Court of Justice: kycourts.gov
Publication
- Adair County Community Voice: (270) 384-9454 — adairvoice.com