Overview
Boyd County is located in Kentucky with a population of approximately 47,777. The Boyd 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 394 and 395. The process begins with filing a Petition for Probate of Will (Form 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.
For smaller estates, Kentucky offers a Petition to Dispense with Administration (Form AOC-830). This is available if the personal estate is valued at $30,000 or less, or if the assets are equal to or less than the amount of preferred debts and the surviving spouse's exemption.
Executors and administrators in Kentucky are entitled to a fee not to exceed 5% of the value of the personal estate plus 5% of the income collected, though this can be waived or negotiated.
This guide provides an informational overview of the Boyd 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
Boyd County District Court
Probate matters in Boyd County are handled at the C. David Hagerman Judicial Center.
Address: 2805 Louisa Street, Catlettsburg, KY 41129
Phone: (606) 739-4131 (Probate Division)
Hours: Monday through Friday, 8:30 AM to 4:00 PM
The Circuit Court Clerk's office manages probate filings for the District Court. The Judicial Center is located in Catlettsburg, the county seat.
Parking and Access
Public parking is available near the Judicial Center. Visitors must pass through security screening upon entry.
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 is valued at $30,000 or less (or covers only preferred debts/exemptions), you may file Form AOC-830 to avoid full probate.
- Survivorship: Assets held jointly with right of survivorship (e.g., joint bank accounts, real estate with survivorship deed) 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 (AOC-805) with the Boyd County District Court. Include:
- Original Will (if applicable)
- Certified Death Certificate
- List of heirs and next of kin with addresses
- Filing fee (approximately $46-$85, check with clerk)
- Identification of the fiduciary (executor/administrator)
E-filing is available for attorneys in some Kentucky courts, 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 (often waived if all parties sign a waiver).
- Publish notice in a newspaper of general circulation in Boyd County (e.g., The Daily Independent) to alert creditors. The clerk usually handles forwarding the notice to the newspaper upon appointment.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 1-2 weeks after filing. 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 has a 6-month creditor claim period)
- Inventory and appraise all estate assets within 60 days (Form AOC-841)
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting (or informal settlement) and petition for discharge
Local Requirements
Boyd County-Specific Procedures
- Fiduciary Bond: A bond is generally required for the personal representative unless the will explicitly waives it or all heirs/beneficiaries agree to waive it.
- Settlement: A final settlement (Form AOC-846) must be filed after the 6-month creditor period has expired and all estate business is concluded.
- Local Rules: Probate motion hours are set by the District Court. Contact the clerk for the specific weekly schedule.
- Publication: Notice to creditors must be published once in a newspaper of general circulation in Boyd County.
Always check with the Boyd County Circuit Court Clerk for the most current local forms and procedural nuances.
Timeline & Fees
Filing Fees (Boyd County)
- Petition for Probate: approximately $46-$85 (varies by page count/recording fees)
- Petition to Dispense with Administration: approximately $46
- Certified copies of Letters: approximately $5.00 per certified copy
- Publication costs: approximately $50-$100 (payable to the newspaper)
- Recording Fees: $46 for the first 5 pages (standard KY recording fee)
Executors are entitled to a statutory fee of up to 5% of the personal estate value and income.
Payment Methods
The court accepts cash, certified checks, or money orders. Credit cards may be accepted with a processing fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 1 year or more
The mandatory 6-month creditor claim period prevents estates from closing earlier than 6 months after appointment.
Local Resources
Boyd County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: Kentucky Probate Guide
- 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: (606) 329-1321 — Provides legal assistance to eligible low-income residents
- State Bar Lawyer Referral: KyBar.org
Publication
- The Daily Independent: (606) 326-2600 — Newspaper of general circulation in Boyd County