Overview
Boyle County is located in Kentucky with a population of approximately 30,614. The Boyle 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 (Form AOC-830) for estates valued at $30,000 or less (excluding exempt property). This allows assets to be transferred without full probate administration.
Kentucky law sets a cap on executor fees at 5% of the personal estate value plus 5% of the income collected, though the court may allow additional compensation for extraordinary services. Attorney fees are generally required to be reasonable based on the services performed.
This guide provides an informational overview of the Boyle 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
Boyle County District Court
Probate matters in Boyle County are handled at the Boyle County Courthouse.
Address: 321 West Main Street, Danville, KY 40422
Phone: (859) 239-7362 (District Court) | (859) 239-7442 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Office of the Circuit Court Clerk handles the filing of all probate petitions. While the District Court judge oversees probate matters, the clerk's office is your primary point of contact for filings and scheduling.
Parking and Access
Public parking is available around the courthouse square and on adjacent streets in downtown Danville. Visitors should be prepared for security screening upon entering the courthouse 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, 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 and Appointment of Executor/Administrator (Form AOC-805) with the Boyle County District Court. Include:
- The original petition (signed and notarized)
- The original will and codicils (if any)
- A certified copy of the death certificate
- The filing fee (typically around $200, varies by specific documents)
- A list of heirs and beneficiaries with addresses
Kentucky courts utilize eFiling (KYeCourts), but pro se litigants may often file in person. Check with the clerk for specific local preferences.
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 Boyle County (typically The Advocate-Messenger) to alert 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 (for wills) or Letters of Administration (no will), granting the personal representative authority to act.
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 with the court within 60 days of appointment
- Pay valid creditor claims and estate expenses
- File federal and state tax returns (including KY inheritance tax if applicable)
- Distribute assets to beneficiaries
- File a Final Settlement (Form AOC-846) to close the estate
Local Requirements
Boyle County-Specific Procedures
- Filing Office: All probate documents are filed with the Boyle County Circuit Court Clerk (District Court Division).
- Recording: Wills and other estate documents are recorded with the Boyle County Clerk's office after probate is granted.
- Bond: A fiduciary bond is typically required unless the will explicitly waives it or all beneficiaries agree to waive it (and the court approves).
- Publication: Notice to creditors must be published in The Advocate-Messenger.
Always verify the specific number of copies required for filing with the Circuit Court Clerk before arriving.
Timeline & Fees
Filing Fees (Boyle County)
- Petition for Probate: approximately $200 (includes state tax and basic court costs)
- Petition to Dispense with Administration: approximately $180-$200
- Recording Will (County Clerk): $47.00
- Recording other documents: $46.00
- Publication costs: approximately $150-$300 depending on the length of the notice
Note: Fees are subject to change. Contact the Circuit Court Clerk at (859) 239-7442 or District Court at (859) 239-7362 for the exact current fee schedule.
Payment Methods
The court typically accepts cash, certified checks, or money orders. Credit cards may be accepted with a processing fee. Personal checks are often not accepted from pro se litigants.
Estimated Timelines
- Simple estates (Dispense with Administration): 1-2 months
- Average formal probate: 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 statutory waiting period that often dictates the minimum timeline for closing a formal estate.
Local Resources
Boyle County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: Kentucky Legal Aid - Probate
- State Probate Forms: Kentucky Court of Justice Forms
Legal Aid and Attorney Referrals
- Kentucky Bar Association: (502) 564-3795 — kybar.org
- Legal Aid of the Bluegrass: (859) 233-4556 — Provides legal assistance to low-income residents.
Publication
- The Advocate-Messenger: (859) 236-2500 — amnews.com