Overview
Franklin County is located in Kentucky with a population of approximately 52,442. The Franklin County 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/Appointment of Administrator (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.
If the estate's personal property is valued at $30,000 or less, or if the assets do not exceed the amount of preferred claims (funeral expenses, debts, etc.), you may file a Petition to Dispense with Administration (AOC-830).
Kentucky law allows a personal representative to receive a commission not to exceed 5% of the value of the personal estate income and 5% of the income collected.
This guide provides an informational overview of the Franklin 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
Franklin County District Court
Probate matters in Franklin County are handled at the Franklin County Judicial Center.
Address: 222 St. Clair Street, Frankfort, KY 40601
Phone: (502) 564-7013 (Circuit Court Clerk - Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Judicial Center is located in downtown Frankfort. The Circuit Court Clerk's office handles probate filings for the District Court.
Parking and Access
Street parking is available nearby, and there are public parking lots in downtown Frankfort. Security screening is required upon entry.
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 if the assets do not exceed the amount of preferred claims (funeral expenses, debts, etc.), you may file a Petition to Dispense with Administration (AOC-830).
- Survivorship: Property held jointly with right of survivorship passes directly to the surviving 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 (AOC-805) with the Franklin County District Court. Include:
- Completed Petition (AOC-805)
- Original Last Will and Testament (if applicable)
- Copy of the Death Certificate
- Filing fee (approx. $232)
- List of heirs and beneficiaries
E-filing (KYeCourts) 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 of the hearing to all heirs, beneficiaries, and interested parties at least 10 days before the hearing (or obtain waivers)
- Publish notice in a newspaper of general circulation in Franklin County (typically handled by the clerk upon appointment)
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 1 to 4 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 (Inventory)
- 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
Franklin County-Specific Procedures
- Fiduciary Bond: A bond is generally required unless waived by the will or by all heirs/beneficiaries.
- Settlement: A final settlement must be filed 2 years after appointment, or a periodic settlement if the estate is still open.
- Self-Help: The Franklin County Circuit Clerk provides some forms but cannot give legal advice.
- Publication: Notice must be published in a newspaper of general circulation in Franklin County one time (Notice of Appointment).
The Franklin County District Court Judge presides over probate hearings.
Timeline & Fees
Filing Fees (Franklin County)
- Petition for Probate: approximately $232
- Petition to Dispense: approximately $83-$100
- Certified copies of Letters: approximately $5 per certified copy
- Publication costs: approximately $50-$100 depending on the newspaper
- Recording fees for deeds/wills ($46+)
Kentucky law allows a personal representative to receive a commission not to exceed 5% of the value of the personal estate income and 5% of the income collected.
Payment Methods
The court accepts cash, certified check, money order, or credit card (with processing fee). Credit card payments typically incur a convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 3 years
The 6-month creditor claim period sets the minimum duration for formal administration.
Local Resources
Franklin County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: Kentucky Court of Justice - Probate Info
- Kentucky Probate Forms: Kentucky Probate Forms
Legal Aid and Attorney Referrals
- Kentucky Bar Association: (502) 564-3795 — Kentucky Bar Association
- Legal Aid of the Bluegrass: (502) 223-8622 — Legal assistance for eligible low-income residents
- State Bar Lawyer Referral: kybar.org
Publication
- The State Journal: (502) 227-4556 — Newspaper of general circulation
- Frankfort State Journal: (502) 227-4556 — Legal notices