Overview
Clinton County is located in Kentucky with a population of approximately 9,183. The Clinton 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). This is available if the estate's personal property is valued at $30,000 or less and passes to a surviving spouse or children, or $15,000 or less for preferred creditors.
Kentucky law sets a maximum commission for executors and administrators at 5% of the personal estate value plus 5% of the income collected. Attorneys' fees are generally based on a reasonable rate for services rendered.
This guide provides an informational overview of the Clinton 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
Clinton District Court
Probate matters in Clinton County are handled at the Clinton County Courthouse.
Address: 100 S. Cross Street, Albany, KY 42602
Phone: (606) 387-6424 or (606) 387-8181 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Office of the Circuit Court Clerk serves as the clerk for the District Court and handles all probate filings.
Parking and Access
Public parking is available around the courthouse square and on adjacent streets in downtown Albany. Security screening is required for entry into the judicial center.
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 consists of personal property worth $30,000 or less (for spouse/children) or $15,000 or less (for creditors), you may file Form AOC-830 to skip full probate.
- 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 Clinton District Court. Include:
- Original Will (if applicable)
- Certified death certificate
- Filing fee (typically around $40-$50 for the petition)
- List of heirs and beneficiaries (Form AOC-805)
E-filing may be available for attorneys via the Kentucky Court of Justice eFiling system (KYeCourts).
Step 3: Provide Notice
After filing, you must:
- Mail notice to heirs and beneficiaries.
- Publish notice of the fiduciary appointment in a newspaper of general circulation in Clinton County (typically the Clinton County News) 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, appoints the fiduciary and 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 and taxes
- Distribute assets to beneficiaries
- File a Final Settlement (Form AOC-846) to close the estate (can be filed after 6 months)
Local Requirements
Clinton County-Specific Procedures
- Filing Venue: Filings are made with the Clinton County Circuit Court Clerk (Probate Division).
- Bond: A fiduciary bond is generally required unless waived by the will or by all beneficiaries.
- Publication: Notice of the appointment must be published in the Clinton County News.
- Settlement: A final settlement must be filed to close the estate, typically after the 6-month creditor period has expired.
Always check with the Circuit Court Clerk for any specific local rules or standing orders regarding probate.
Timeline & Fees
Filing Fees (Clinton County)
- Petition for Probate: approximately $40.00 (base fee)
- Petition to Dispense with Administration: approximately $40.00
- Recording Fees: Varies by page count for recording the will and settlements
- Publication costs: approximately $50-$100 depending on the newspaper
- Certified copies: approximately $5.00 per copy
Kentucky statute allows executors a commission not to exceed 5% of the value of the personal estate and income.
Payment Methods
The court accepts cash, checks, or money orders. Credit cards may be accepted with a processing fee.
Estimated Timelines
- Simple estates (Dispense with Administration): 1-2 months
- Average estates: 6-9 months (includes 6-month creditor period)
- Complex or contested estates: 1 year or more
The 6-month creditor claim period is a mandatory minimum for formal administration.
Local Resources
Clinton County Court Resources
- Court Website: kycourts.gov
- State Probate Forms: Kentucky Court of Justice Forms
Legal Aid and Attorney Referrals
- Kentucky Bar Association: (502) 564-3795 — Lawyer Referral Service
- Appalachian Research and Defense Fund (Legal Aid): (606) 387-5555 — Albany Office
Publication
- Clinton County News: (606) 387-5144 — clintonnews.net