Overview
Casey County is located in Kentucky with a population of approximately 15,900. The Casey 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 391-395. The process begins with filing a Petition for Probate of Will and Appointment of Executor (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 (AOC-830) for estates valued at $30,000 or less (in personal property) where the surviving spouse, children, or preferred creditors are the only beneficiaries.
Kentucky does not have a statutory fee schedule for attorneys or executors; fees must be "reasonable" and are subject to court approval if contested.
This guide provides an informational overview of the Casey 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
Casey County District Court
Probate matters in Casey County are handled at the Casey County Judicial Center.
Address: 231 Courthouse Square, Liberty, KY 42539
Phone: (606) 787-6761 (District Court) or (606) 787-6510 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Probate Division is part of the District Court, located within the Judicial Center. The Circuit Court Clerk's office accepts filings.
Parking and Access
Free parking is available in the lot next to the building and on the streets surrounding the Courthouse Square. The building is accessible to those with disabilities.
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, children, or preferred creditors, you may file Form AOC-830 to skip full probate.
- Survivorship Assets: Assets held as "joint tenants 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 (AOC-805) with the Casey County District Court. Include:
- Original Will (if applicable)
- Certified death certificate
- Filing fee (typically $40.00 plus potential recording fees)
- List of heirs and beneficiaries (Form AOC-805)
- Fiduciary Bond (Form AOC-825) if required by the will or court
E-filing is available for attorneys in Kentucky courts; pro se litigants typically file in person or by mail.
Step 3: Provide Notice
After filing, you must:
- Mail notice to heirs and beneficiaries as required by the court.
- Publish notice in The Casey County News (the local newspaper of general circulation) to alert creditors. The clerk often facilitates this upon filing.
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, giving you legal authority to act.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow 6 months for claims.
- Inventory estate assets and file an inventory with the court (AOC-841) within 60 days.
- Pay valid creditor claims and taxes.
- Distribute remaining assets to beneficiaries.
- File a Final Settlement (AOC-846) to close the estate.
Local Requirements
Casey County-Specific Procedures
- Filing Venue: Filings are made with the Casey County Circuit Court Clerk (who serves as clerk for the District Court).
- Bond: A fiduciary bond is generally required unless the will waives it or all beneficiaries waive it and the court approves.
- Publication: Notice to creditors must be published in The Casey County News.
- Settlement: A final settlement must be filed to close the estate, or an informal settlement may be used if all beneficiaries agree and sign waivers.
Timeline & Fees
Filing Fees (Casey County)
- Probate Petition: approximately $40.00 (District Court civil fee)
- Petition to Dispense with Administration: approximately $40.00
- Recording Fees: Varies by document length (e.g., recording the will)
- Publication costs: approximately $20-$50 (payable to The Casey County News)
- Certified copies: approximately $5.00 per copy
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a processing fee).
Estimated Timelines
- Dispense with Administration: 1-4 weeks
- Simple estates: 6-9 months (minimum 6 months for creditor claims)
- Complex or contested estates: 12 months to 2+ years
The 6-month creditor claim period is a mandatory minimum for formal administration.
Local Resources
Casey County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: Kentucky Court of Justice Legal Help
- State Probate Forms: Kentucky Court of Justice Forms
Legal Aid and Attorney Referrals
- Kentucky Bar Association: (502) 564-3795 — Lawyer Referral Service
- AppalReD Legal Aid: (606) 679-7313 — Legal assistance for low-income residents
- Kentucky Lawyer Referral: kybar.org
Publication
- The Casey County News: (606) 787-7171 — pmg-ky2.com/casey