Overview
Greenup County is located in Kentucky with a population of approximately 35,273. The Greenup County District Court (Probate Division) 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 (AOC-805) or 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.
Simplified Procedures: Kentucky offers a "Petition to Dispense with Administration" (AOC-830) for small estates. This is available if the personal property is valued at $30,000 or less and there is a surviving spouse or children, or if the estate assets are sufficient only to pay preferred claims (like funeral expenses).
Fees: Kentucky law sets a base filing fee for probate, but total costs vary based on recording fees and other court costs. Executors and administrators are generally entitled to a fee not to exceed 5% of the personal estate value plus 5% of the income collected.
This guide provides an informational overview of the Greenup 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
Greenup County Circuit Court Clerk
Probate matters in Greenup County are handled at the Greenup County Courthouse Annex.
Address: 101 Harrison St, Greenup, KY 41144
Phone: (606) 473-9869 (Circuit Court Clerk)
Hours: Monday through Friday, 9:00 AM to 4:30 PM
The Circuit Court Clerk's office accepts filings for the District Court Probate Division.
Parking and Access
Street parking is generally available around the courthouse in downtown Greenup. The building is accessible to the public during business hours.
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: Assets held in joint tenancy with right of survivorship pass 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 Administrator (AOC-805) with the Greenup County District Court. Include:
- The completed petition form (AOC-805)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically starting around $40-$100 depending on the case type)
- List of heirs and beneficiaries with addresses
Step 3: Provide Notice
After filing, you must:
- Mail notice to heirs and beneficiaries.
- Publish notice in a newspaper of general circulation in Greenup County (e.g., Greenup Gazette) to alert 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, issues Letters Testamentary or Letters of Administration, giving the personal representative authority to act.
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)
- File an Inventory of estate assets with the court within 60 days of appointment
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- File a Final Settlement (AOC-846) to close the estate (can be filed after the 6-month creditor period expires)
Local Requirements
Greenup County-Specific Procedures
- Filing Location: Filings are processed through the Circuit Court Clerk's office at the Courthouse Annex.
- Bond Requirements: A fiduciary bond is generally required unless waived by the will or the court.
- Publication: Notice of the appointment of the fiduciary must be published in a local newspaper (e.g., Greenup Gazette).
- Forms: Use the standard Kentucky Administrative Office of the Courts (AOC) forms.
Timeline & Fees
Filing Fees (Greenup County)
- Petition to Dispense with Administration: approximately $40-$50
- Petition for Probate (Formal): approximately $100-$200 (includes base fee + recording fees)
- Recording Fees: Varies by page count (e.g., for the will and settlements)
- Publication costs: approximately $50-$100 depending on the newspaper
Note: Kentucky statutory executor fees are capped at 5% of the personal estate value and income.
Payment Methods
The court accepts cash, checks, or money orders. Confirm with the clerk before bringing credit/debit cards as policies may vary.
Estimated Timelines
- Simple estates (Dispense with Administration): 1-2 months
- Average estates: 6-9 months (minimum 6 months for creditor claims)
- Complex or contested estates: 12 months to 2+ years
Local Resources
Greenup County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: AppalReD Legal Aid
- Kentucky Probate Forms: AOC Legal Forms
Legal Aid and Attorney Referrals
- Kentucky Bar Association: (502) 564-3795 — Lawyer Referral Service
- AppalReD Legal Aid: (606) 886-3876 — Provides legal assistance to low-income residents in eastern Kentucky
Publication
- Greenup Gazette: (606) 473-9873 — Newspaper of general circulation for legal notices