Overview
Henderson County is located in Kentucky with a population of approximately 44,500. The Henderson 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 (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 for estates valued at $30,000 or less (excluding exempt property). This allows assets to be transferred without full probate administration if there are no debts or if the surviving spouse/children agree to pay them.
Kentucky law sets a statutory fee cap for executors and administrators at 5% of the value of the personal estate plus 5% of the income collected. Attorney fees are generally reasonable and subject to court approval.
This guide provides an informational overview of the Henderson 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
Henderson County Judicial Center
Probate matters in Henderson County are handled at the Henderson County Judicial Center.
Address: 5 N. Main St., Henderson, KY 42419
Phone: (270) 826-2405 (Circuit Court Clerk - Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is part of the District Court, administered by the Henderson Circuit Court Clerk. The clerk's office is located on the first floor.
Parking and Access
Three-hour parking is available on Main Street directly in front of the Judicial Center. Unrestricted parking can be found on Washington Street just south of the building. Visitors must pass through security screening 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, you may file Form AOC-830 to avoid full probate.
- Survivorship Assets: Property held as "joint tenants with right of survivorship" passes automatically to the survivor.
- 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 (Form AOC-805) with the Henderson District Court. Include:
- The original Petition (signed and notarized)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $85)
- List of heirs and beneficiaries with addresses
E-filing is available for attorneys via the Kentucky Court of Justice eFiling system (KYeCourts). Pro se litigants typically file in person.
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 Henderson County (typically The Gleaner) for the statutory period.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 1 to 2 weeks after filing. 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 (creditors have 6 months from the date of appointment to file claims)
- Inventory and appraise all estate assets within 60 days
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Final Settlement (Form AOC-846) to close the estate
Local Requirements
Henderson County-Specific Procedures
- Fiduciary Bond: A bond is generally required unless the will waives it or all beneficiaries waive the requirement. The court sets the amount based on the estate's value.
- Local Court Rules: Henderson County may have specific local rules regarding the scheduling of probate hearings; check with the clerk for the current docket schedule.
- Publication: Notice to creditors must be published in The Gleaner. The clerk often assists with forwarding the notice to the newspaper, but the estate is responsible for the cost.
Always verify specific local forms and procedural nuances with the Henderson Circuit Court Clerk's office.
Timeline & Fees
Filing Fees (Henderson County)
- Petition for Probate: approximately $85
- Petition to Dispense with Administration: approximately $85
- Certified copies of Letters: approximately $5 per certified copy
- Publication costs: approximately $150-$300 depending on the newspaper
- Recording fees: vary by document length (typically $46+ for deeds/affidavits)
Kentucky law allows executors a commission not to exceed 5% of the value of the personal estate and income.
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
- Complex or contested estates: 12 months to 2 years
The creditor claim period in Kentucky is 6 months from the date of the personal representative's appointment, which sets a minimum duration for formal administration.
Local Resources
Henderson County Court Resources
- Court Website: kycourts.gov
- 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 — Low-income assistance
- Henderson County Bar Association: Contact local court for current officers
Publication
- The Gleaner: (270) 827-2000 — thegleaner.com