Overview
Carroll County is located in Kentucky with a population of approximately 10,810. The Carroll 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 394-395. 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.
Petition to Dispense with Administration: For estates valued at $30,000 or less (excluding exempt property), Kentucky offers a simplified process. A surviving spouse, child, or preferred creditor may file a Petition to Dispense with Administration (Form AOC-830) to transfer assets without full probate.
Kentucky law sets a maximum fee for attorneys and executors, typically capped at 5% of the personal estate value plus 5% of the income collected, though the court may allow additional compensation for extraordinary services.
This guide provides an informational overview of the Carroll 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
Carroll District Court
Probate matters in Carroll County are handled at the William L. Wheeler Hall of Justice.
Address: 802 Clay St, Carrollton, KY 41008
Phone: (502) 732-4305 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Carroll County Circuit Court Clerk's office manages filings for the District Court Probate Division. The courthouse is located in downtown Carrollton.
Parking and Access
Street parking is generally available around the courthouse. Visitors pass through security screening upon entry; cell phones and electronic devices may be restricted.
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 avoid full administration.
- Survivorship Assets: Assets held in joint tenancy with right 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) with the Carroll District Court. Include:
- Completed Form AOC-805
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $95-$105)
- List of heirs and beneficiaries with addresses
E-filing is available for attorneys in Kentucky through the KYeCourts system.
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 Carroll County, such as The News-Democrat, if required by the court or for creditor notification.
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 (Form AOC-841)
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Carroll County-Specific Procedures
- Filing Office: All probate documents are filed with the Carroll County Circuit Court Clerk.
- Bond Requirements: A fiduciary bond is typically required unless waived by the will or by all beneficiaries.
- Local Court Rules: Carroll County is part of the 15th Judicial District; check with the clerk for specific local motion hours.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Carroll County, typically The News-Democrat.
Consult the Circuit Court Clerk for the most current fee schedule and procedural requirements.
Timeline & Fees
Filing Fees (Carroll County)
- Petition for Probate (with or without Will): approximately $95-$105
- Petition to Dispense with Administration: approximately $40-$50
- Certified copies of Letters: approximately $5 per certified copy
- Publication costs: approximately $50-$100 depending on the newspaper
- Recording fees: Varies by document length
Kentucky law allows executors and attorneys a fee not to exceed 5% of the value of the personal estate and 5% of the income collected.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a processing fee).
Estimated Timelines
- Simple estates (Dispense with Admin): 1-2 months
- Average estates: 6-9 months
- Complex or contested estates: 12 months to 2 years
The creditor claim period in Kentucky is 6 months from the date of appointment of the personal representative.
Local Resources
Carroll County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: Kentucky Court of Justice Self-Help
- Kentucky Probate Forms: AOC Legal Forms
Legal Aid and Attorney Referrals
- Kentucky Bar Association: (502) 564-3795 — Lawyer Referral Service
- Legal Aid of the Bluegrass: (859) 431-8200 — Legal assistance for low-income residents
- KBA Lawyer Referral: kybar.org
Publication
- The News-Democrat: (502) 732-4261 — Newspaper of general circulation