Overview
Butler County is located in Kentucky with a population of approximately 12,551. The Butler 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 (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.
Simplified Procedures: Kentucky offers a "Petition to Dispense with Administration" (Form AOC-830) for estates valued at $30,000 or less (excluding exempt property for surviving spouses/children). This allows assets to be transferred without full probate administration.
Fees: The standard filing fee for a probate petition is approximately $40.00, though additional recording fees may apply depending on the length of the will and other documents.
This guide provides an informational overview of the Butler 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
Butler County District Court
Probate matters in Butler County are handled at the Butler County Courthouse. Filings are processed through the Circuit Court Clerk's office.
Address: 110 North Main Street, Morgantown, KY 42261
Mailing Address: P.O. Box 625, Morgantown, KY 42261
Phone: (270) 526-5631 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
Circuit Court Clerk: Melissa Cardwell
The District Court has jurisdiction over probate matters, but the Circuit Court Clerk serves as the clerk for the court. You will file your documents with the Clerk's office.
Parking and Access
Street parking is generally available around the courthouse square in Morgantown. The building is accessible to the public during business hours. Security screening may be required upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Dispense with Administration: If the personal estate is valued at $30,000 or less, you may file a Petition to Dispense with Administration (AOC-830). This is faster and cheaper than full probate.
- Survivorship Assets: Assets held jointly with "rights of survivorship" pass automatically to the survivor.
- 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 Fiduciary (Form AOC-805) with the Butler County Circuit Court Clerk. 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 ~$40.00 plus recording costs)
- A list of heirs and beneficiaries with addresses
Step 3: Provide Notice
After filing, the court will review the petition. Kentucky law generally requires:
- Notice to Heirs: Heirs and beneficiaries must be listed on the petition.
- Creditor Notice: The fiduciary must notify creditors. The court clerk usually arranges for a notice to be published in the local newspaper (Butler County Banner) once the estate is opened.
Step 4: Attend the Hearing
The court may schedule a hearing to appoint the personal representative and admit the will. If the petition is in order and uncontested, the judge will sign the order and the clerk will issue Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Inventory: File an inventory of estate assets with the court within 60 days of appointment (Form AOC-841).
- Creditor Claims: Allow 6 months for creditors to file claims against the estate.
- Taxes: File necessary inheritance and income tax returns.
- Settlement: Once debts are paid and the 6-month period expires, file a Final Settlement (Form AOC-846) to close the estate and distribute remaining assets.
Local Requirements
Butler County-Specific Procedures
- Filing Office: All probate documents are filed with the Butler County Circuit Court Clerk.
- Fiduciary Bond: A bond is typically required for the personal representative unless the will explicitly waives it or all beneficiaries agree to waive it.
- Publication: The clerk handles the publication of the fiduciary appointment in the Butler County Banner. The estate is responsible for the cost.
- Inventory: Must be filed in duplicate within 60 days.
Always check with the Clerk's office for the most current local rules regarding e-filing and specific document formatting.
Timeline & Fees
Filing Fees (Butler County)
- Petition for Probate/Appointment: approximately $40.00 (base fee)
- Petition to Dispense with Administration: approximately $40.00
- Recording Fees: Varies (e.g., $8.00 for first page, $4.00 for additional pages for will recording)
- Publication costs: Varies (billed by newspaper, typically $50-$100)
- Certified copies: ~$5.00 per copy
Note: Fees are subject to change. Contact the Circuit Court Clerk at (270) 526-5631 to verify exact amounts.
Payment Methods
The court accepts cash, check, money order, and credit card payments in office. Credit card payments may be subject to a processing fee.
Estimated Timelines
- Small Estates (Dispense with Admin): 1-2 months
- Simple Estates: 6-9 months (minimum 6 months for creditor claims)
- Average Estates: 9-18 months
- Complex Estates: 18 months to 2+ years
The 6-month creditor claim period is a mandatory waiting period before a final settlement can be filed.
Local Resources
Butler County Court Resources
- Court Website: kycourts.gov
- Probate Forms: Kentucky Court of Justice Forms
- Local Clerk: Butler County Circuit Court Clerk
Legal Aid and Attorney Referrals
- Kentucky Bar Association: (502) 564-3795 — kybar.org
- Kentucky Court of Justice Civil Legal Aid: kycourts.gov/Legal-Help
Publication
- Butler County Banner: (270) 526-4151 — Newspaper of general circulation for legal notices.