Overview
Allen County is located in Kentucky with a population of approximately 22,000. The Allen 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 KRS Chapters 391, 394, and 395. The process begins with filing a Petition for Probate of Will or Appointment of Administrator (Form AOC-805) 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 for small estates. If the personal property is valued at $30,000 or less (or if preferred claims exceed assets), a Petition to Dispense with Administration (Form AOC-830) may be filed. This avoids the full probate process.
Kentucky law allows for reasonable compensation for executors and administrators, typically capped at 5% of the value of the personal estate plus 5% of the income collected. Attorney fees must also be reasonable and are subject to court approval.
This guide provides an informational overview of the Allen 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
Allen County Judicial Center
Probate matters in Allen County are handled at the Allen County Judicial Center.
Address: 200 W. Main St., Scottsville, KY 42164
Phone: (270) 237-3561 or (270) 237-4734 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Office of the Circuit Court Clerk manages probate filings. The Judicial Center is located near the public square in downtown Scottsville.
Parking and Access
Street parking is generally available around the Judicial Center and the public square. The building is accessible to the public during business hours with security screening at the entrance.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Petition to Dispense with Administration: If the estate's personal property is valued at $30,000 or less, or if preferred claims (funeral expenses, taxes, etc.) exceed the value of the assets, you may file Form AOC-830.
- Survivorship Assets: Assets held in joint tenancy with rights 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 or Appointment of Administrator (Form AOC-805) with the Allen County District Court. Include:
- Form AOC-805 (Petition)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $100-$125)
- List of heirs and beneficiaries with addresses
E-filing is available for attorneys in Kentucky, but 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 Allen County, such as The Citizen-Times, 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.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 6 months from the date of appointment to file claims)
- Inventory and appraise all estate assets and file an inventory (Form AOC-841) within 60 days
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Final Settlement (Form AOC-850 for informal settlement) to close the estate
Local Requirements
Allen County-Specific Procedures
- Fiduciary Bond: A bond is generally required for the personal representative unless waived in the will or by all beneficiaries.
- Inventory: Must be filed in duplicate with the clerk within 60 days of appointment.
- Publication: Notice to creditors must be published in The Citizen-Times.
- Local Rules: Check with the Circuit Court Clerk for any specific local filing requirements or judge-specific preferences.
Timeline & Fees
Filing Fees (Allen County)
- Petition for Probate: approximately $100-$125 (includes state tax and library fees)
- Petition to Dispense with Administration: approximately $100-$125
- Certified copies of Letters: approximately $5 per certified copy
- Publication costs: approximately $50-$100 depending on the newspaper
- Recording fees: Varies by document length
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a processing fee).
Estimated Timelines
- Simple estates (Dispense with Administration): 1-2 months
- Average estates: 6-12 months
- Complex or contested estates: 1 year or more
The creditor claim period in Kentucky is 6 months from the date of appointment, which sets the minimum duration for formal administration.
Local Resources
Allen County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: Kentucky Court of Justice Probate Guide
- State Probate Forms: Kentucky Legal Forms
Legal Aid and Attorney Referrals
- Kentucky Bar Association: (502) 564-3795 — Lawyer Referral Service
- Kentucky Legal Aid: (270) 782-1924 — klaid.org
Publication
- The Citizen-Times: (270) 237-3441 — Newspaper of general circulation in Scottsville