Overview
Daviess County is located in Kentucky with a population of approximately 104,000. The Daviess 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 KRS Chapter 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 "Petition to Dispense with Administration" (Form AOC-830) for estates valued at $30,000 or less (excluding exempt property). This simplified process allows assets to be transferred without full probate administration.
Kentucky law sets maximum fees for attorneys and executors, typically capped at 5% of the estate value, though this can vary based on the complexity of the estate and local custom.
This guide provides an informational overview of the Daviess 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
Daviess District Court
Probate matters in Daviess County are handled at the Holbrook Judicial Center.
Address: 100 E. 2nd St., Owensboro, KY 42302
Phone: (270) 687-7207 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Probate Division is located within the Office of the Circuit Court Clerk.
Parking and Access
Two-hour street parking is available in front of the building and on surrounding streets. There are also public parking lots nearby in downtown Owensboro.
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 to dispense with formal administration.
- Survivorship: Property held jointly with right of survivorship passes directly 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 (AOC-805) with the Daviess District Court. Include:
- Original Will (if applicable)
- Certified Death Certificate
- List of heirs and beneficiaries
- Filing fee (approx. $180-$210)
- Identification of the fiduciary
E-filing is available for attorneys via KYeCourts. Pro se litigants typically file in person.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties if waivers are not signed.
- Publish notice in a newspaper of general circulation in Daviess County (typically the Owensboro Messenger-Inquirer) to notify creditors.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 1 to 2 weeks after filing. 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 from the date of appointment to file claims.
- Inventory and appraise all estate assets within 60 days.
- 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
Daviess County-Specific Procedures
- Hearing Schedule: Probate matters are typically heard on Mondays at 8:30 AM.
- Fiduciary Bond: A bond is generally required unless waived by the will or all beneficiaries.
- Local Forms: The court primarily uses standard Kentucky AOC forms.
- Publication: Notice must be published in a newspaper of general circulation in Daviess County once.
Check with the Probate Clerk for any specific local rules regarding remote hearings or e-filing protocols.
Timeline & Fees
Filing Fees (Daviess County)
- Petition to Dispense with Administration: approximately $83
- Formal Probate Petition: approximately $185
- Certified copies of Letters: approximately $5 per certified copy
- Publication costs: approximately $50-$100 depending on the newspaper
- Recording fees: approximately $46+ for will recording
Kentucky statutes allow for reasonable compensation for executors and attorneys, often not exceeding 5% of the estate value.
Payment Methods
The court accepts cash, certified check, or money order. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
Creditor claim periods (6 months) and tax filing requirements significantly affect the timeline.
Local Resources
Daviess County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: Kentucky Probate Guide
- Kentucky Probate Forms: Kentucky Court of Justice Forms
Legal Aid and Attorney Referrals
- Daviess County Bar Association: (270) 685-8424 — Local bar resources
- Kentucky Legal Aid: (270) 685-1688 — Owensboro Office
- Kentucky Bar Lawyer Referral: kybar.org
Publication
- Owensboro Messenger-Inquirer: (270) 926-0123 — Official newspaper for legal notices
- Local Weekly Papers: Check for alternative publication options if permitted.