Overview
Boone County is located in Kentucky with a population of approximately 144,135. The Boone 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 and Appointment of Executor (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 known as a Petition to Dispense with Administration for estates valued at $30,000 or less (excluding exempt property for surviving spouses and children). This allows assets to be transferred without full probate administration.
Kentucky does not have a statutory fee schedule for attorneys or executors based on a percentage of the estate; fees must be "reasonable" and are subject to court approval. Executors are typically entitled to a commission not exceeding 5% of the personal estate income and receipts.
This guide provides an informational overview of the Boone 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
Boone County Justice Center
Probate matters in Boone County are handled at the Boone County Justice Center.
Address: 6025 Rogers Lane, Room 141, Burlington, KY 41005
Phone: (859) 448-2900 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Circuit Court Clerk's office is responsible for accepting probate filings. The probate division is typically located on the first floor.
Parking and Access
Free parking is available in the lot directly in front of the Justice Center. Visitors must pass through security screening upon entry; cell phones may be restricted or require silencing.
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 (after exemptions for a surviving spouse or children), you may file Form AOC-830 to skip full administration.
- Survivorship Assets: Property held as "joint tenants with rights of survivorship" passes 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 (Form AOC-805) with the Boone County District Court. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Filing fee (typically cash, certified check, or money order)
- List of heirs and next of kin with addresses
- Waiver of Notice (Form AOC-806) if applicable
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties if they have not waived notice.
- Publish notice in a newspaper of general circulation in Boone County (e.g., Boone County Recorder) to alert creditors. The clerk often handles the arrangement of this publication upon filing.
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, admits the will to probate and appoints the fiduciary. The clerk then issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow the statutory claim period (6 months) to run
- Inventory and appraise all estate assets within 60 days (Form AOC-841)
- Pay valid creditor claims and administrative expenses
- File Kentucky inheritance tax returns (if required) and federal tax returns
- Distribute assets to beneficiaries
- File a Final Settlement (Form AOC-846) or Informal Final Settlement (Form AOC-850) to close the estate
Local Requirements
Boone County-Specific Procedures
- Fiduciary Bond: A bond is generally required for the personal representative unless the will explicitly waives it or all beneficiaries waive the requirement.
- Publication: The Circuit Clerk typically forwards the Notice of Administration to the Boone County Recorder for publication. The estate is responsible for the publication cost.
- Local Forms: While state AOC forms are standard, check with the clerk for any specific local cover sheets or procedural preferences.
- Inventory: Must be filed in duplicate with the clerk within 60 days of appointment.
Always check with the Boone County Circuit Clerk's probate division for the most current local rules.
Timeline & Fees
Filing Fees (Boone County)
- Petition for Probate: approximately $58.00 (base fee) + recording costs (total often ~$80-$100)
- Petition to Dispense with Administration: approximately $58.00 + recording costs
- Recording Fees: varies by document length (e.g., $8.00 for first few pages)
- Publication costs: approximately $50-$100 depending on the newspaper
- Certified copies: approximately $5.00 per copy
Payment Methods
The court accepts cash, certified checks, money orders, and credit/debit cards (with a processing fee). Personal checks may not be accepted for initial filings.
Estimated Timelines
- Simple estates (Dispense with Administration): 1-2 months
- Average estates: 6-9 months (includes 6-month creditor period)
- Complex or contested estates: 12 months to 2+ years
The 6-month creditor claim period is a primary factor in the timeline for formal administration.
Local Resources
Boone County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: Kentucky Court of Justice Self-Help Portal
- State Probate Forms: Kentucky Court of Justice Forms
Legal Aid and Attorney Referrals
- Northern Kentucky Bar Association: (859) 781-1300 — Lawyer referral service
- Legal Aid of the Bluegrass: (859) 431-8200 — Assistance for qualifying low-income residents
- Kentucky Bar Association: kybar.org
Publication
- Boone County Recorder: (513) 768-8404 — Common for legal notices
- The Kentucky Enquirer: (513) 768-8404 — Regional circulation