Overview
Graves County is located in Kentucky with a population of approximately 36,821. The Graves 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 and Appointment of Executor (AOC-805) or a Petition for Appointment of Administrator (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) where the surviving spouse or children are the only beneficiaries. This allows assets to be transferred without full probate administration.
Kentucky does not have a statutory fee schedule for attorneys or executors; fees must be "reasonable" and are subject to court approval. Executors are typically entitled to a commission not exceeding 5% of the personal estate income and value.
This guide provides an informational overview of the Graves 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
Graves County District Court
Probate matters in Graves County are currently handled at the Temporary Court Facility while the historic courthouse is being rebuilt.
Address: 1102 Paris Road, Suite 21, Mayfield, KY 42066
Phone: (270) 247-1733 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Circuit Court Clerk serves as the clerk for the District Court probate division. Filings should be directed to this office.
Parking and Access
The temporary facility is located in a commercial plaza setting on Paris Road (Highway 121). Ample free surface parking is available directly in front of the building. 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 and passes to a surviving spouse or children, you may file Form AOC-830 to skip full administration.
- Survivorship Assets: Property held as "joint tenants with right of survivorship" passes automatically 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 Graves County District Court. Include:
- Original Will (if applicable)
- Certified death certificate
- Filing fee (typically $40.00 plus recording fees)
- List of heirs and beneficiaries with addresses
- Waiver of Notice (Form AOC-806) if all heirs agree
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 Graves County (typically the Mayfield Messenger) if required by the court or 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.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (claims must be presented within 6 months of appointment)
- Inventory and appraise all estate assets within 60 days (Form AOC-841)
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- File a Final Settlement (Form AOC-846) to close the estate (can be filed informally if all beneficiaries waive formal accounting)
Local Requirements
Graves County-Specific Procedures
- Filing Location: Due to the 2021 tornado, court operations are at the temporary facility on Paris Road. Verify the location before visiting as rebuilding progresses.
- Recording Fees: In addition to the court filing fee, the County Clerk charges a separate fee to record the will and any lis pendens notices.
- Publication: Notice to creditors is typically published in the Mayfield Messenger.
- Local Forms: Graves County generally uses the standard Kentucky Administrative Office of the Courts (AOC) forms.
Always check with the Circuit Court Clerk for the most current local rules regarding bond requirements and hearing schedules.
Timeline & Fees
Filing Fees (Graves County)
- Probate Petition (Court Fee): approximately $40.00
- Recording Will (County Clerk): approximately $46.00 (varies by page count)
- Petition to Dispense with Administration: approximately $40.00 + recording fees
- Certified copies of Letters: approximately $5.00 per copy
- Publication costs: approximately $50-$150 depending on the newspaper
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: 6-9 months (includes 6-month creditor period)
- Complex or contested estates: 12 months to 2 years
The 6-month creditor claim period begins after the appointment of the fiduciary.
Local Resources
Graves County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: Kentucky Court of Justice Legal Help
- 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
- Graves County Bar Association: Contact local court clerk for roster
Publication
- Mayfield Messenger: (270) 247-5223 — mayfield-messenger.com