Overview
Bourbon County is located in Kentucky with a population of approximately 20,333. The Bourbon 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) or Petition for 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 known as a Petition to Dispense with Administration (Form AOC-830). This is available if the personal property in the estate does not exceed $30,000 (or the amount of preferred claims) and there is no real property to be sold.
Kentucky law sets a statutory fee cap for attorneys and executors, generally not to exceed 5% of the value of the personal estate plus 5% of the income collected, though the court may allow additional compensation for extraordinary services.
This guide provides an informational overview of the Bourbon 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
Bourbon County Judicial Center
Probate matters in Bourbon County are handled at the Bourbon County Judicial Center.
Address: 310 Main Street, Paris, KY 40361
Phone: (859) 987-2624 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Office of the Circuit Court Clerk handles filings for both District and Circuit courts. Probate filings are processed through the District Court division.
Parking and Access
Street parking is generally available around the Judicial Center and downtown Paris. There are also public parking lots nearby. Security screening is required upon entering the building.
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 (and/or equals the amount of preferred claims like funeral expenses), you may file Form AOC-830 to transfer assets without 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 of Will/Appointment of Administrator (Form AOC-805) with the Bourbon District Court. Include:
- Completed Form AOC-805
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $83.00 - verify exact amount with clerk)
- 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 Bourbon County (e.g., The Bourbon County Citizen) to notify creditors. The clerk often handles the submission of the legal notice to the newspaper upon appointment, but the estate pays the cost.
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 (Kentucky allows creditors 6 months from the date of appointment to file claims).
- Inventory and appraise all estate assets and file an inventory with the court within 60 days of appointment.
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed (including KY inheritance tax if applicable).
- Distribute assets to beneficiaries.
- File a Final Settlement (Form AOC-846) to close the estate.
Local Requirements
Bourbon County-Specific Procedures
- Filing Method: Attorneys are encouraged to use the Kentucky Court of Justice eFiling system (KYeCourts). Self-represented litigants should file in person at the Circuit Court Clerk's office.
- Bond Requirements: A fiduciary bond is typically required unless the will waives it or all beneficiaries waive the requirement. The bond amount is usually set based on the value of the personal estate.
- Local Court Rules: Bourbon County is part of the 14th Judicial Circuit. Check local rules for specific scheduling of probate dockets.
- Publication: Notice to creditors must be published in The Bourbon County Citizen. The clerk typically forwards the notice to the newspaper, but the fiduciary is responsible for the publication fee.
Always verify the specific judge's requirements for hearings and proposed orders.
Timeline & Fees
Filing Fees (Bourbon County)
- Petition for Probate (AOC-805): approximately $83.00 (includes library/court fees)
- Petition to Dispense with Administration (AOC-830): approximately $83.00
- Recording Fees (Deeds/Wills): $46.00 for the first 5 pages (payable to County Clerk for recording real estate documents)
- Publication costs: approximately $50-$100 depending on the length of the notice
- Certified copies of Letters: approximately $5.00 per copy
Kentucky law allows for a fiduciary fee (executor/administrator) not to exceed 5% of the personal estate value plus 5% of income, unless the court determines otherwise.
Payment Methods
The Circuit Court Clerk accepts cash, money orders, certified checks, and local personal checks. Credit/debit cards are generally accepted for online payments or with a convenience fee at the counter (verify availability).
Estimated Timelines
- Simple estates (Dispense with Administration): 1-2 months
- Average estates: 6-9 months (due to the 6-month creditor period)
- Complex or contested estates: 12 months to 2 years
The 6-month creditor claim period is a mandatory waiting period before the estate can be fully closed and final distribution made.
Local Resources
Bourbon County Court Resources
- Court Website: kycourts.gov
- Kentucky Court Self-Help: Kentucky Court of Justice Legal Help
- Kentucky Probate Forms: AOC Legal Forms
Legal Aid and Attorney Referrals
- Kentucky Bar Association: (502) 564-3795 — Lawyer Referral Service
- Legal Aid of the Bluegrass: (859) 233-4556 — Provides legal assistance to low-income residents
- Bourbon County Bar Association: Contact local court clerk for roster
Publication
- The Bourbon County Citizen: (859) 987-1870 — Newspaper of general circulation