Overview
Henry County is located in Kentucky with a population of approximately 16,198. The Henry 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 KRS Chapter 395. The process begins with filing a Petition for Probate of Will (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. If the personal property of the estate is valued at $30,000 or less and there is a surviving spouse or surviving children, a Petition to Dispense with Administration (AOC-830) may be filed to avoid full probate.
Executors and administrators in Kentucky are entitled to "reasonable compensation," which is typically capped at 5% of the value of the personal estate plus 5% of the income collected.
This guide provides an informational overview of the Henry 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
Henry County District Court
Probate matters in Henry County are handled at the Henry County Courthouse.
Address: 30 N. Main St., New Castle, KY 40050
Phone: (502) 845-2868 (Circuit Court Clerk) | (502) 845-7551 (General)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Henry County Circuit Court Clerk's office manages the filings for the District Court Probate Division. The courthouse is located in the county seat of New Castle.
Parking and Access
Street parking is generally available around the courthouse square in New Castle. Visitors should be prepared for security screening upon entering the courthouse.
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, you may qualify for this simplified process.
- Survivorship: Assets held jointly with "right of survivorship" pass automatically to the surviving 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 (AOC-805) or Petition for Appointment of Administrator with the Henry County District Court. Include:
- Completed petition form
- Original will and codicils (if any)
- Certified copy of the death certificate
- Filing fee (typically ~$50-$200 depending on the petition and recording costs)
- List of heirs and next of kin
Electronic filing (eFiling) is available in Kentucky courts through the Kentucky eFiling system. Contact the clerk for specific instructions.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties. In many cases, waivers of notice can be signed to expedite the appointment.
- Publish notice in a newspaper of general circulation in Henry County (typically the Henry County Local) to alert creditors.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically approximately 2-4 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 to file claims after appointment)
- 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 accounting and petition for discharge
Local Requirements
Henry County-Specific Procedures
- Fiduciary Bond: A bond is generally required for the personal representative unless waived by the will or by all heirs/beneficiaries.
- Inventory: A detailed inventory of the estate's assets must be filed with the court clerk within 60 days of appointment.
- Settlement: A final settlement must be filed after the estate is fully administered (usually after the 6-month creditor period).
- Publication: Notice to creditors must be published in a newspaper of general circulation in Henry County.
Always check with the Henry County Circuit Court Clerk for any specific local forms or procedural nuances.
Timeline & Fees
Filing Fees (Henry County)
- Petition for Probate: approximately $75 - $200 (varies by recording pages)
- Petition to Dispense with Administration: approximately $50 - $80
- Certified copies of Letters: approximately $5.00 per certified copy
- Publication costs: approximately $50-$100 depending on the newspaper
- Recording fees: Fees apply for recording the will and other documents
Kentucky law allows for reasonable compensation for executors, typically not exceeding 5% of the personal estate value.
Payment Methods
The court accepts cash, certified check, or money order. Credit cards may be accepted with a processing fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
The mandatory 6-month creditor claim period sets the minimum duration for formal administration.
Local Resources
Henry County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: Kentucky Probate Guide
- Kentucky Probate Forms: Kentucky Court of Justice Forms
Legal Aid and Attorney Referrals
- Kentucky Bar Association: (502) 564-3795 — Lawyer Referral Service
- Legal Aid Society: (502) 584-1254 — Serving Henry and surrounding counties
- State Bar Lawyer Referral: KyBar.org
Publication
- Henry County Local: (502) 845-2858 — Official newspaper for legal notices in Henry County