Overview
Floyd County is located in Kentucky with a population of approximately 34,532. The Floyd 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 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.
Kentucky offers a simplified process known as a Petition to Dispense with Administration for estates valued at $30,000 or less (excluding exempt property). This allows assets to be distributed without full probate administration if certain conditions are met.
Kentucky does not have a statutory fee schedule for attorneys or executors based on a percentage of the estate; fees must be reasonable and are subject to court approval. Executors are typically entitled to a commission not exceeding 5% of the personal estate value plus 5% of the income collected.
This guide provides an informational overview of the Floyd 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
Floyd District Court
Probate matters in Floyd County are handled at the Floyd County Justice Center.
Address: 127 S. Lake Drive, Prestonsburg, KY 41653
Phone: (606) 889-1672 (District Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The District Court Probate Division oversees the administration of estates. The Office of the Circuit Court Clerk accepts filings and maintains records.
Parking and Access
Public parking is available near the Justice Center. Visitors must pass through security screening upon entry; cell phones and electronic devices may be restricted.
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 amount of preferred claims and exemptions), you may file a petition to avoid full administration.
- 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 (Form AOC-805) with the Floyd District Court. Include:
- Original Will (if applicable)
- Certified death certificate
- Filing fee (typically ~$53.50 for the petition plus recording fees)
- List of heirs and beneficiaries (Form AOC-806 may be required)
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 Floyd County (e.g., Floyd County Chronicle & Times) if required by the court 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, issues Letters Testamentary or Letters of Administration, granting authority to the personal representative.
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
- Pay valid creditor claims and taxes
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Final Settlement (Form AOC-846) to close the estate
Local Requirements
Floyd County-Specific Procedures
- Filing Location: Filings are made with the Floyd County Circuit Court Clerk's office, typically in the probate division.
- Bond Requirements: A fiduciary bond is generally required unless waived by the will or by all beneficiaries.
- Local Court Rules: Check with the clerk for any specific local forms or scheduling procedures.
- Publication: Notice to creditors must be published in the Floyd County Chronicle & Times.
Always verify the latest requirements with the Floyd County Circuit Court Clerk.
Timeline & Fees
Filing Fees (Floyd County)
- Probate Petition: approximately $53.50 (District Court fee)
- Recording Will: approximately $46.00 (County Clerk fee)
- Certified copies of Letters: approximately $5.00 per copy
- Publication costs: approximately $50-$100 depending on the newspaper
- Petition to Dispense with Administration: approximately $53.50
Note: Fees are subject to change. Contact the clerk for the exact total.
Payment Methods
The court typically accepts cash, certified checks, or money orders. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates (Dispense with Administration): 1-2 months
- Average estates: 6-12 months
- Complex or contested estates: 12 months to 2 years
The creditor claim period in Kentucky is 6 months from the date of the personal representative's appointment.
Local Resources
Floyd County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: Kentucky Court of Justice Probate Guide
- Kentucky Probate Forms: AOC Legal Forms
Legal Aid and Attorney Referrals
- Kentucky Bar Association: (502) 564-3795 — Lawyer Referral Service
- AppalReD Legal Aid: (606) 886-3876 — Provides legal assistance to low-income residents in eastern Kentucky
- Kentucky Legal Aid: klaid.org
Publication
- Floyd County Chronicle & Times: (606) 886-8506 — Newspaper of general circulation