Overview
Fulton County is located in Kentucky with a population of approximately 6,500. The Fulton 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 simplified process known as a Petition to Dispense with Administration (Form AOC-830). This is available if the estate's personal property is valued at $30,000 or less, provided preferred claims are paid.
Executors and administrators in Kentucky are entitled to a fee not to exceed 5% of the value of the personal estate plus 5% of the income collected, unless the will specifies otherwise.
This guide provides an informational overview of the Fulton 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
Fulton District Court
Probate matters in Fulton County are handled at the Fulton County Courthouse.
Address: 114 E. Wellington St., Hickman, KY 42050
Phone: (270) 236-3944 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Circuit Court Clerk's office manages probate filings. The courthouse is located in Hickman, the county seat. The current Circuit Court Clerk is Jaime Mathews.
Parking and Access
Street parking is generally available around the courthouse square in Hickman. Security screening may be 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, you may file Form AOC-830 to avoid full administration, provided preferred claims are paid.
- Survivorship Assets: Property held as "Joint Tenants with Rights of Survivorship" passes 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 of Will (Form AOC-805) with the Fulton District Court. Include:
- Original Will (if applicable)
- Certified death certificate
- List of heirs and next of kin
- Filing fee (typically around $50-$80)
- Proposed Order and Fiduciary Bond (if required)
E-filing is available in Kentucky through the KYeCourts system for attorneys.
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 Fulton County (e.g., The Current) for creditor notification.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 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 (Kentucky has a 6-month creditor claim period)
- 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
Fulton County-Specific Procedures
- Fiduciary Bond: A bond is generally required for administrators and executors unless waived in the will or by all beneficiaries.
- Self-Proving Wills: A will with a self-proving clause (notarized affidavit of witnesses) avoids the need for witness testimony at the hearing.
- Inventory: A duplicate inventory must be mailed to all interested parties when filed with the court.
- Publication: Notice to creditors must be published in a local newspaper, such as The Current.
Always check with the Fulton County Circuit Court Clerk for the most current local rules and filing requirements.
Timeline & Fees
Filing Fees (Fulton County)
- Petition for Probate: approximately $47.00 - $75.00
- Petition to Dispense with Administration: approximately $40.00 - $50.00
- Certified copies of Letters: approximately $5.00 per certified copy
- Recording Will: approximately $8.00 for the first page, plus per-page fees
- Publication costs: approximately $50-$100 depending on the newspaper
Kentucky statute caps executor/administrator fees at 5% of the personal estate value plus 5% of income earned.
Payment Methods
The court accepts cash, certified checks, money orders, and credit cards (with a processing fee). Personal checks may not be accepted from pro se litigants.
Estimated Timelines
- Simple estates (Dispense with Admin): 1-2 months
- Average estates: 6-12 months
- Complex or contested estates: 18 months to 2+ years
The 6-month creditor claim period sets a minimum duration for full administration.
Local Resources
Fulton County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: Kentucky Legal Aid
- Kentucky Probate Forms: AOC Legal Forms
Legal Aid and Attorney Referrals
- Kentucky Bar Association: (502) 564-3795 — Lawyer Referral Service
- Kentucky Legal Aid: (270) 782-1924 — Civil legal assistance for low-income residents
- State Bar Lawyer Referral: kybar.org
Publication
- The Current (Hickman Courier): (270) 472-1121 — Newspaper of general circulation