Overview
Hancock County is located in Kentucky with a population of approximately 9,013. The Hancock 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 and Appointment of Executor (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 for small estates 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 and passes to a surviving spouse or children, or if the assets are sufficient only to pay preferred claims.
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 value plus 5% of the income collected.
This guide provides an informational overview of the Hancock 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
Hancock County Judicial Center
Probate matters in Hancock County are handled at the Hancock County Judicial Center.
Address: 310 Hawesville School Drive, Hawesville, KY 42348
Phone: (270) 927-8144 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Office of the Circuit Court Clerk is responsible for maintaining probate records and processing filings. The probate division is part of the District Court.
Parking and Access
Free parking is generally available at the Judicial Center. Visitors pass through security screening upon entry; cell phones and electronic devices may be restricted.
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 $30,000 or less and goes to a surviving spouse/children, or covers only preferred debts (Form AOC-830).
- 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 and Appointment of Executor/Administrator (Form AOC-805) with the Hancock District Court. Include:
- Original Will and codicils (if any)
- Certified death certificate
- List of heirs and beneficiaries with addresses
- Filing fee (approx. $40.00 plus recording fees)
- Proposed Order and Bond (Form AOC-825)
E-filing is available for attorneys in many Kentucky counties; pro se litigants typically file in person or by mail.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties.
- Publication: The clerk will arrange for publication of the fiduciary's appointment in The Hancock Clarion. You must pay the publication cost.
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 and appoints the fiduciary. The court issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Inventory and appraise estate assets and file an inventory (Form AOC-841) within 60 days.
- Notify creditors (claims period is 6 months from appointment).
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns (including KY inheritance tax if applicable).
- Distribute assets to beneficiaries.
- File a Final Settlement (Form AOC-846) to close the estate (can be filed 6 months after appointment if all claims are resolved).
Local Requirements
Hancock County-Specific Procedures
- Filing Method: Filings are accepted in person at the Circuit Court Clerk's office.
- Bond: A fiduciary bond is generally required unless waived by the will or by all beneficiaries.
- Publication: Notice of the fiduciary's appointment must be published in The Hancock Clarion. The clerk typically handles sending this to the newspaper, but the estate pays the fee.
- Local Forms: Use standard Kentucky Court of Justice (AOC) forms.
Always check with the Hancock County Circuit Court Clerk for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Hancock County)
- Petition for Probate: approximately $40.00 (base fee)
- Petition to Dispense with Administration: approximately $40.00
- Recording Will: $3.00 per page (varies)
- Publication costs: approximately $50.00-$100.00 (payable to The Hancock Clarion)
- Certified copies: approximately $5.00 per copy
Note: Additional fees for technology, library, or other surcharges may apply. Total initial filing costs often range from $100 to $200.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a processing fee).
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
The 6-month creditor claim period is a mandatory waiting period before a final settlement can be filed.
Local Resources
Hancock 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 — kybar.org
- Kentucky Legal Aid: (270) 782-1924 — Provides assistance to low-income residents.
Publication
- The Hancock Clarion: (270) 927-6945 — Newspaper of general circulation for legal notices.