Overview
Breathitt County is located in Kentucky with a population of approximately 13,718. The Breathitt 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 for small estates known as a Petition to Dispense with Administration. This is available if the personal property of the estate is $30,000 or less and there is a surviving spouse or children, or if the estate assets are sufficient only to pay preferred claims.
Filing fees in Kentucky are generally uniform but can vary slightly by county due to recording costs. The standard filing fee for a probate petition is approximately $200, while a petition to dispense with administration is typically lower.
This guide provides an informational overview of the Breathitt 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
Breathitt County District Court
Probate matters in Breathitt County are handled at the Breathitt County Justice Center. The Circuit Court Clerk serves as the clerk for the District Court probate division.
Address: 1131 Main St., Jackson, KY 41339
Phone: (606) 666-5768 (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 and maintaining estate records.
Parking and Access
Public parking is available near the Justice Center. There are designated spaces for those with disability parking permits. The building is accessible to the public during court hours.
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 passes to a surviving spouse or children, or if assets are only enough to cover preferred claims (funeral expenses, etc.), you may file Form AOC-830 to avoid full administration.
- Survivorship Assets: Property held 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 Breathitt County District Court. Include:
- The original petition (signed and notarized)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $200)
- List of heirs and beneficiaries (Form AOC-806 may be required)
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 Breathitt County, such as The Jackson Times-Voice, 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 executors) or Letters of Administration (for administrators).
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (Kentucky allows creditors 6 months to file claims)
- Inventory and appraise all estate assets within 60 days (Form AOC-841)
- Pay valid creditor claims and estate expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Final Settlement (Form AOC-846) to close the estate
Local Requirements
Breathitt County-Specific Procedures
- Filing Location: All probate documents are filed with the Breathitt County Circuit Court Clerk's office.
- Bond Requirements: A fiduciary bond is typically required unless the will waives it or all beneficiaries waive the requirement.
- Publication: Notice to creditors must be published in a local newspaper, typically The Jackson Times-Voice.
- Local Forms: While state AOC forms are standard, check with the clerk for any specific local cover sheets or procedural preferences.
Always contact the clerk's office to confirm the current filing fee amount before mailing or delivering documents.
Timeline & Fees
Filing Fees (Breathitt County)
- Petition for Probate: approximately $200 (includes recording fees)
- Petition to Dispense with Administration: approximately $85-$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 (typically included in base fee or charged per page)
Payment Methods
The court accepts cash, certified checks, or money orders. Credit/debit cards may be accepted with a processing fee; call ahead to confirm.
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 duration of formal probate in Kentucky.
Local Resources
Breathitt County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: Kentucky Court of Justice Probate Guide
- Kentucky Probate Forms: AOC Legal Forms
Legal Aid and Attorney Referrals
- Kentucky Bar Association: (502) 564-3795 — Lawyer Referral Service
- AppalReD Legal Aid: (606) 886-3876 — Provides legal assistance to low-income residents in eastern Kentucky
Publication
- The Jackson Times-Voice: (606) 666-2441 — Newspaper of general circulation for legal notices