Overview
Garrard County is located in Kentucky with a population of approximately 18,000. The Garrard 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 394-395. The process begins with filing a Petition for Probate of Will (Form AOC-805) or Petition for 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.
Kentucky offers a simplified process known as a Petition to Dispense with Administration (Form AOC-830) for estates valued at $30,000 or less, or where the preferred creditor exemption applies (for surviving spouses and/or children).
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.
This guide provides an informational overview of the Garrard 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
Garrard District Court
Probate matters in Garrard County are handled at the Garrard County Judicial Center.
Address: 54 Stanford Street, Lancaster, KY 40444
Phone: (859) 792-2961 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Circuit Court Clerk's office manages the filings for the District Court Probate Division. The Circuit Court Clerk is Dana Hensley.
Parking and Access
Public parking is available on the streets surrounding the Judicial Center and the public square in downtown Lancaster. There is also a public parking lot nearby. Visitors pass through security screening upon entering the building.
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 preferred creditor exemption for spouse/children), you may file Form AOC-830 to transfer assets without full administration.
- 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 / Appointment of Fiduciary (Form AOC-805) with the Garrard District Court. Include:
- The original Petition (signed and notarized)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically paid by cash, check, or money order)
- List of heirs and beneficiaries with addresses
Attorneys may file electronically via the Kentucky Court of Justice eFiling system (KYeCourts).
Step 3: Provide Notice
After filing, you must:
- Mail notice to heirs and beneficiaries. While Kentucky law does not always strictly require pre-hearing notice for all petitions, best practice and due process often dictate notifying interested parties.
- Creditor Notice: The fiduciary does not typically publish notice; the court clerk arranges for the publication of the fiduciary's appointment in the local newspaper to notify creditors.
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, admits the will to probate and appoints the fiduciary. The clerk then issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Inventory: File an inventory of estate assets (Form AOC-841) with the court within 60 days of appointment.
- Creditor Claims: Allow 6 months from the date of appointment for creditors to file claims.
- Pay valid creditor claims and administration expenses.
- File federal and state tax returns (including KY inheritance tax if applicable).
- Distribute assets to beneficiaries.
- File a Final Settlement (Form AOC-850 for informal settlement) to close the estate, typically after the 6-month creditor period has expired.
Local Requirements
Garrard County-Specific Procedures
- Filing Office: All probate documents are filed with the Garrard County Circuit Court Clerk, who serves as the clerk for the District Court.
- Bond: A fiduciary bond is generally required unless the will explicitly waives it or all beneficiaries waive the requirement.
- Publication: The clerk handles the legal advertisement of the appointment in the Garrard Central Record. The estate is responsible for the cost (often collected as part of the filing fee or billed).
- Local Forms: Use the standard Kentucky AOC (Administrative Office of the Courts) forms.
Always check with the Circuit Clerk's office for any unwritten local rules regarding scheduling hearings.
Timeline & Fees
Filing Fees (Garrard County)
- Petition for Probate/Appointment: approximately $55 - $85 (includes state tax and library fees)
- Petition to Dispense with Administration: approximately $45 - $65
- Recording Will: Fees vary by page count (typically included in base or added)
- Publication costs: approximately $30 - $50 (payable to the newspaper or collected by clerk)
- Certified copies: approximately $5.00 per copy
Note: Fees are subject to change. Contact the Circuit Clerk at (859) 792-2961 for the exact current amount.
Payment Methods
The court accepts cash, certified checks, money orders, and credit/debit cards (with a processing fee). Personal checks may be accepted from local attorneys.
Estimated Timelines
- Simple estates (Dispense with Admin): 2-4 weeks
- 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 statutory wait time before a final settlement can be fully approved and the estate closed.
Local Resources
Garrard County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: Kentucky Court of Justice Legal Help
- Kentucky Probate Forms: KY AOC Forms
Legal Aid and Attorney Referrals
- Kentucky Bar Association: (502) 564-3795 — Lawyer Referral Service
- Legal Aid of the Bluegrass: (859) 233-4556 — Civil legal assistance for low-income residents
- Garrard County Attorney: (859) 792-2331
Publication
- Garrard Central Record: (859) 792-3021 — Newspaper of general circulation