Overview
Breckinridge County is located in Kentucky with a population of approximately 21,221. The Breckinridge 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 391-395. The process begins with filing a Petition for Probate of Will (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) where there is a surviving spouse or children, or for preferred creditors.
Kentucky law sets a maximum statutory fee for attorneys and executors, typically capped at 5% of the personal estate value plus 5% of the income collected, though this can vary by complexity and agreement.
This guide provides an informational overview of the Breckinridge 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
Breckinridge County Justice Center
Probate matters in Breckinridge County are handled at the Breckinridge County Justice Center.
Address: 111 W. 2nd St., Hardinsburg, KY 40143
Phone: (270) 756-2239 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Circuit Court Clerk's office manages probate filings for the District Court. Contact the clerk's office for current hearing schedules.
Parking and Access
Public parking is available around the Justice Center and the nearby courthouse square. Visitors 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: Available if the estate's personal property is valued at $30,000 or less and passes to a surviving spouse, children, or preferred creditors.
- 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 (AOC-805) with the Breckinridge District Court. Include:
- Original Petition (signed and notarized)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically around $200 for a full petition, less for dispensing)
- List of heirs and beneficiaries
E-filing is available for attorneys in many Kentucky counties; 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 the Breckinridge County Herald-News (or other local paper of record) 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 or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 6 months to file claims)
- Inventory and appraise all estate assets within 60 days
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- File a Final Settlement (AOC-846) to close the estate
Local Requirements
Breckinridge County-Specific Procedures
- Hearing Schedule: Contact the Circuit Court Clerk at (270) 756-2239 for current hearing schedules.
- Fiduciary Bond: A bond is usually required unless the will waives it or all beneficiaries agree to waive it.
- Publication: Notice to creditors must be published in the Breckinridge County Herald-News.
- Inventory: Must be filed with the court clerk within 60 days of appointment.
Always check with the Circuit Court Clerk for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Breckinridge County)
- Petition for Probate: approximately $180-$220 (includes state tax and recording fees)
- Petition to Dispense with Administration: approximately $40-$60
- Recording Fees: Varies by page count (typically $46+ for deeds/affidavits)
- Publication costs: approximately $50-$100 depending on length
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 all fees.
Estimated Timelines
- Simple estates (Dispense with Admin): 1-2 months
- Average estates: 6-9 months (due to 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.
Local Resources
Breckinridge County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: Kentucky Justice Online
- State Probate Forms: KY Court of Justice Forms
Legal Aid and Attorney Referrals
- Kentucky Bar Association: (502) 564-3795 — Lawyer Referral Service
- Kentucky Legal Aid: (502) 584-1254 — Serving low-income residents
- Breckinridge County Attorney: (270) 756-5070
Publication
- Breckinridge County Herald-News: (270) 756-2109