Overview
Green County is located in Kentucky with a population of approximately 11,552. The Green 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 391-395. 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.
Kentucky offers a simplified process known as the Petition to Dispense with Administration (Form AOC-830). This is available if the personal estate is valued at $30,000 or less and passes to a surviving spouse or children, or if the estate's assets are insufficient to pay preferred claims (such as funeral expenses).
Kentucky law sets maximum fees for attorneys and executors, typically capped at 5% of the personal estate value, though this can vary by will or agreement.
This guide provides an informational overview of the Green 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
Green County Judicial Center
Probate matters in Green County are handled at the Green County Judicial Center. Filings are processed through the Circuit Court Clerk's office.
Address: 200 W. Court St., Greensburg, KY 42743
Phone: (270) 932-5631 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Circuit Court Clerk's office is located in the Judicial Center in downtown Greensburg. This office manages records for both the Circuit and District courts, including probate filings.
Parking and Access
Free street parking is generally available around the courthouse square and on adjacent streets. The building is accessible to the public during business hours with security screening at the entrance.
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 there is a surviving spouse or children, or if preferred claims exceed assets, you may file Form AOC-830 to avoid full administration.
- Survivorship Assets: Property held as "joint tenants with right 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 (Form AOC-805) with the Green District Court. Include:
- Completed Form AOC-805
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically paid to the Circuit Court Clerk)
- List of heirs and beneficiaries with addresses
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties. Kentucky law generally requires notice to be given prior to the hearing, or waivers must be obtained.
- Publish notice in a newspaper of general circulation in Green County (e.g., Greensburg Record-Herald) regarding the appointment of the fiduciary and the deadline for creditor claims.
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 personal representative, issuing 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 and file an inventory with the court within 60 days
- Pay valid creditor claims and estate expenses
- File federal and state tax returns (including Kentucky inheritance tax if applicable)
- Distribute assets to beneficiaries
- File a Final Settlement (periodic or final) to close the estate
Local Requirements
Green County-Specific Procedures
- Filing Venue: All probate documents are filed with the Green County Circuit Court Clerk, who serves as the clerk for the District Court probate division.
- Recording: The will and the order appointing the fiduciary must be recorded with the Green County Clerk (separate from the court clerk) for land record purposes, which incurs additional recording fees.
- Bond: A fiduciary bond is generally required unless waived by the will or by all beneficiaries, though the court may still require it.
- Publication: Notice of the appointment must be published in the Greensburg Record-Herald.
Always check with the Circuit Court Clerk for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Green County)
- Petition for Probate: approximately $150-$200 (includes court filing fee + recording fees)
- Petition to Dispense with Administration: approximately $100-$150
- Recording Fees: approximately $46 for the first 5 pages (paid to County Clerk for recording will/orders)
- Publication costs: approximately $50-$100 depending on the length of the notice
Note: Fees are subject to change. The base court filing fee is often lower (e.g., $40-$85), but total costs include recording fees and other surcharges.
Payment Methods
The court typically accepts cash, checks, or money orders. Credit/debit cards may be accepted with a processing fee.
Estimated Timelines
- Simple estates (Dispense with Administration): 1-2 months
- Average estates: 6-12 months (includes 6-month creditor period)
- Complex or contested estates: 12 months to 2 years
The 6-month creditor claim period begins upon the appointment of the personal representative.
Local Resources
Green County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: Kentucky Courts Civil Legal Aid Programs
- Kentucky Probate Forms: AOC Legal Forms
Legal Aid and Attorney Referrals
- Kentucky Bar Association: (502) 564-3795 — kybar.org
- AppalReD Legal Aid: (866) 277-5733 — Provides legal assistance to low-income residents in the region.
Publication
- Greensburg Record-Herald: (270) 932-4381 — Newspaper of general circulation for legal notices.