Overview
Fayette County is located in Kentucky with a population of approximately 329,437. The Fayette District Court, Probate Division 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: Kentucky offers a simplified process for small estates valued at $30,000 or less (or the amount of the preferred creditor exemption). This involves filing Form AOC-830 to transfer assets without full probate administration.
Statutory Fees: Kentucky law sets a cap on attorney fees and executor commissions, typically based on a percentage of the estate value (often 5% for executors), though this can vary by complexity and court approval.
This guide provides an informational overview of the Fayette 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
Fayette District Court
Probate matters in Fayette County are handled at the Robert F. Stephens District Courthouse.
Address: 150 N. Limestone, Lexington, KY 40507
Phone: (859) 246-2228 (District Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Probate Division is located within the District Court Clerk's office. The courthouse is a prominent building in downtown Lexington. Note: The Robert F. Stephens Circuit Courthouse is located at 120 N. Limestone and handles circuit court matters.
Parking and Access
Public parking is available in nearby parking garages (e.g., the garage attached to the courthouse complex or street parking). Security screening is required for entry; cell phones may be restricted or require silencing.
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, or equals the funeral expenses plus $1,000, you may file Form AOC-830 to skip full probate.
- 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/Appointment of Administrator (Form AOC-805) with the Fayette District Court. Include:
- The original Petition (signed and notarized)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically starting around $40-$50 plus recording fees)
- List of heirs and beneficiaries with addresses
E-filing may be available for attorneys; 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 a newspaper of general circulation in Fayette County (typically the Lexington Herald-Leader) to notify creditors. The clerk often handles the initial arrangement of this notice upon appointment.
Step 4: Attend the Hearing
The court will review the petition. Many uncontested probate matters in Fayette County are handled administratively or via a brief hearing. If approved, the judge issues Letters Testamentary (for wills) or Letters of Administration (no will).
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (Kentucky has a 6-month creditor claim period from the date of appointment)
- Inventory and appraise estate assets within 60 days
- Pay valid creditor claims and estate taxes
- Distribute assets to beneficiaries
- File a Final Settlement (Form AOC-846) to close the estate
Local Requirements
Fayette County-Specific Procedures
- Fiduciary Bond: A bond is generally required unless the will waives it or all beneficiaries waive it and the court approves.
- Inventory: Must be filed in duplicate within 60 days of appointment.
- Settlement: A final settlement must be filed after the 6-month creditor period expires and all claims are resolved.
- Publication: Notice to creditors is published in the Lexington Herald-Leader.
Consult the Fayette County District Court Clerk for specific local rules regarding remote hearings or e-filing protocols.
Timeline & Fees
Filing Fees (Fayette County)
- Petition for Probate (Base Fee): approximately $40.00 (plus recording fees)
- Recording Will: approximately $8.00 for the first 3 pages, plus per-page fees thereafter
- Petition to Dispense with Administration: approximately $40.00 (plus recording fees)
- Certified copies of Letters: approximately $5.00 per copy
- Publication costs: Varies by newspaper (typically handled via the clerk's office fee collection)
Note: Fees are subject to change. Bring cash, certified check, or credit card (if accepted) for payment.
Payment Methods
The court typically accepts cash, certified 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 (due to 6-month creditor period)
- Complex or contested estates: 12 months to 2+ years
The 6-month creditor claim period is a mandatory minimum for formal administration.
Local Resources
Fayette 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
- Fayette County Bar Association: (859) 225-9897 — Lawyer Referral Service
- Legal Aid of the Bluegrass: (859) 233-4556 — Low-income assistance
- Kentucky Bar Association: kybar.org
Publication
- Lexington Herald-Leader: (859) 231-3100 — Newspaper of general circulation