Overview
Calloway County is located in Kentucky with a population of approximately 38,975. The Calloway 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 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 Dispense with Administration (Small Estate) if the personal property in the estate does not exceed $30,000 (or the amount of the preferred claims exemption). This allows assets to be transferred without full probate administration.
Kentucky statutes generally allow for reasonable compensation for executors and attorneys, often capped at 5% of the value of the personal estate plus 5% of the income collected for executors.
This guide provides an informational overview of the Calloway 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
Calloway County District Court
Probate matters in Calloway County are handled at the Calloway County Judicial Building.
Address: 312 N. 4th St., Murray, KY 42071
Phone: (270) 753-0060 (District Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The District Court Clerk's office is responsible for accepting probate filings. It is advisable to call ahead to confirm specific filing requirements or to schedule an appointment if necessary.
Parking and Access
Public parking is generally available near the Judicial Building in downtown Murray. Visitors should be prepared for security screening upon entering the courthouse.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Dispense with Administration: If the estate's personal property is valued at $30,000 or less (or equals the surviving spouse/child exemption), you may file a Petition to Dispense with Administration (AOC-830).
- Survivorship Assets: Assets held in joint tenancy with rights of survivorship 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) or Petition for Appointment of Administrator with the Calloway County District Court. Include:
- The completed petition form
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically around $85, but varies)
- List of heirs and beneficiaries with addresses
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 Calloway County (e.g., Murray Ledger & Times) to notify creditors. The clerk often handles the arrangement for publication, but the estate pays the cost.
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, admits the will to probate and appoints the fiduciary, issuing 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 all estate assets and file an inventory with the court within 60 days
- 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 (accounting) to close the estate
Local Requirements
Calloway County-Specific Procedures
- Filing Method: Filings are typically made in person at the District Court Clerk's office.
- Bond: A fiduciary bond is generally required unless the will waives it or all beneficiaries waive the requirement and the court approves.
- Publication: Notice to creditors must be published in the Murray Ledger & Times. The clerk usually forwards the notice to the newspaper, but the fiduciary is responsible for the fee.
- Inventory: Must be filed in duplicate within 60 days of appointment.
Always check with the Calloway County District Court Clerk for the most up-to-date local rules and fee schedules.
Timeline & Fees
Filing Fees (Calloway County)
- Petition for Probate: approximately $85.00 (fees vary based on specific petition and add-ons)
- Petition to Dispense with Administration: approximately $55.00
- Recording Fees: $46.00 (for recording will/deeds with County Clerk)
- Publication costs: approximately $50-$100 (payable to the newspaper)
- Certified copies: approximately $5.00 per copy
Note: Fees are subject to change. Contact the clerk for the exact current amounts.
Payment Methods
The court typically accepts cash, certified checks, or money orders. Some courts may accept credit cards with a processing fee.
Estimated Timelines
- Simple estates (Dispense with Admin): 1-2 months
- Average estates: 6-9 months (includes 6-month creditor period)
- Complex or contested estates: 12 months to 2 years or more
The 6-month creditor claim period begins after the appointment of the personal representative.
Local Resources
Calloway County Court Resources
- Court Website: kycourts.gov
- Probate Forms: Kentucky Court of Justice Forms
- Calloway County Clerk: callowaycoclerkky.gov
Legal Aid and Attorney Referrals
- Kentucky Bar Association: (502) 564-3795 — Lawyer Referral Service
- Kentucky Legal Aid: (270) 782-1924 — Provides legal assistance to eligible low-income individuals
- Calloway County Bar Association: Contact local court for information
Publication
- Murray Ledger & Times: (270) 753-1916 — Newspaper of general circulation