Overview
Crittenden County is located in Kentucky with a population of approximately 8,990. The Crittenden 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 a petition for administration 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 for small estates known as a Petition to Dispense with Administration (Form AOC-830). This is available if the personal property in the estate does not exceed $30,000, or if the only assets are exempt from execution.
Kentucky law sets a maximum statutory fee for executors and administrators at 5% of the value of the personal estate and 5% of the income collected.
This guide provides an informational overview of the Crittenden 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
Crittenden District Court
Probate matters in Crittenden County are handled at the Crittenden County Courthouse (managed by the Circuit Court Clerk, Melissa Guill).
Circuit Court Clerk's Office (for filings): 208 S. Main St., Marion, KY 42064
Courtroom Proceedings: Marion City Hall, 217 S. Main St., Marion, KY 42064
Phone: (270) 965-4200 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is part of the District Court. Filings are processed through the Circuit Court Clerk's office at the temporary location. Note: The courthouse is currently operating from temporary locations due to renovations. Verify the current hearing location with the clerk before attending any proceedings.
Parking and Access
Public parking is available around the courthouse square and in designated lots nearby. The building is accessible, but visitors should check for specific ADA entry points if needed.
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, you may file a Petition to Dispense with Administration (AOC-830).
- Survivorship Assets: Assets held jointly with right 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 (AOC-805) or Petition for Appointment of Administrator with the Crittenden District Court. Include:
- The completed petition form
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically around $100, varies by specific filing)
- List of heirs and beneficiaries
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 Crittenden County (e.g., The Crittenden Press) 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, 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 allows 6 months for creditor claims)
- Inventory and appraise all estate assets within 60 days
- Pay valid creditor claims and administrative expenses
- File Kentucky inheritance tax returns if applicable
- Distribute assets to beneficiaries
- File a Final Settlement (AOC-846) to close the estate
Local Requirements
Crittenden County-Specific Procedures
- Filing Method: Filings are generally made in person at the Circuit Court Clerk's office at 208 S. Main St., Marion, KY 42064.
- Bond Requirements: A fiduciary bond is typically required unless the will waives it or all beneficiaries agree to waive it (and the court approves).
- Local Rules: Check with the clerk for any specific local formatting rules or additional forms required by the Crittenden District Court.
- Publication: Creditor notices are typically published in The Crittenden Press.
- Temporary Location: The courthouse is currently operating from temporary locations due to renovations. Contact the clerk to confirm current filing and hearing locations.
Always contact the Circuit Court Clerk (270-965-4200) to confirm current fees and procedural requirements before filing.
Timeline & Fees
Filing Fees (Crittenden County)
- Petition for Probate: approximately $100 (fees vary slightly by county and specific case type)
- Petition to Dispense with Administration: approximately $50-$85
- Recording Fees: Varies by document length (e.g., for recording the will)
- Publication costs: approximately $50-$150 depending on the newspaper and length of notice
Payment Methods
The court typically accepts cash, certified checks, or money orders. Some offices may accept credit cards with a processing fee.
Estimated Timelines
- Small Estates (Dispense with Admin): 1-2 months
- Simple Estates: 6-9 months (includes 6-month creditor period)
- Complex or Contested Estates: 12 months to 2 years or more
The timeline is heavily influenced by the 6-month creditor claim period required by Kentucky law.
Local Resources
Crittenden County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: Kentucky Legal Aid
- State Probate Forms: Kentucky Court of Justice Forms
Legal Aid and Attorney Referrals
- Kentucky Bar Association: (502) 564-3795 — Lawyer Referral Service
- Kentucky Legal Aid: (270) 782-1924 — Assistance for qualifying low-income residents
Publication
- The Crittenden Press: (270) 965-3191 — Newspaper of general circulation