Overview
Hickman County is located in Kentucky with a population of approximately 4,400. The Hickman 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 and Appointment of Executor (Form AOC-805) or a Petition for 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 a Petition to Dispense with Administration for estates valued at $30,000 or less (exemption for surviving spouse or children) or where the preferred claims exceed the value of the estate.
Kentucky law sets a maximum statutory fee for attorneys and executors, typically capped at 5% of the personal estate value plus 5% of the income collected, though this can vary by complexity and agreement.
This guide provides an informational overview of the Hickman 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
Hickman District Court
Probate matters in Hickman County are handled at the Hickman County Courthouse Annex (Circuit Court Clerk's Office).
Address: 109 S. Washington St, Clinton, KY 42031
Phone: (270) 653-3901 or (270) 653-2026 (Circuit Court Clerk)
Circuit Court Clerk: Melanie Dowdy
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Circuit Court Clerk serves as the record keeper for the District Court, which has jurisdiction over probate matters. The office is located in the county seat of Clinton.
Parking and Access
Street parking is generally available around the courthouse square in Clinton. 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 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: 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 (Form AOC-805) with the Hickman District Court. Include:
- Original Will (if applicable)
- Certified death certificate
- Filing fee (payable to the Circuit Court Clerk)
- List of heirs and beneficiaries (Form AOC-806 may be required)
Step 3: Provide Notice
After filing, you must:
- Mail notice to all heirs and beneficiaries.
- Publish notice in a newspaper of general circulation in Hickman County (typically the Hickman County 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, granting the personal representative authority to act.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow 6 months for claims to be filed.
- Inventory and appraise all estate assets within 60 days (Form AOC-841).
- 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 (informal settlement is possible if all beneficiaries agree).
Local Requirements
Hickman County-Specific Procedures
- Filing Venue: All probate documents are filed with the Hickman County Circuit Court Clerk.
- Bond: A fiduciary bond is generally required unless waived by the will or by all beneficiaries.
- Publication: Notice to creditors must be published in the Hickman County Gazette. The clerk typically handles the arrangement of this notice upon filing.
- Inventory: Must be filed in duplicate within 60 days of appointment.
Always check with the Circuit Court Clerk for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Hickman County)
- Petition for Probate: approximately $55-$75 (varies by specific petition type)
- Petition to Dispense with Administration: approximately $45-$55
- Recording Fees: $50.00 for the first 3 pages (Deeds/Wills), plus $3.00 per additional page (County Clerk fee for recording real estate transfers)
- Publication costs: approximately $50-$100 depending on the length of the notice
Payment Methods
The court accepts cash, checks, or money orders. Credit cards may be accepted 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 statutory minimum for formal administration.
Local Resources
Hickman County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: KY Court of Justice Legal Help
- Kentucky Probate Forms: KY Court of Justice Forms
Legal Aid and Attorney Referrals
- Kentucky Bar Association: (502) 564-3795 — Lawyer Referral Service
- Kentucky Legal Aid: (270) 782-1924 — Assisting low-income residents
- Find a Lawyer: kybar.org
Publication
- Hickman County Gazette: (270) 653-4081 — Newspaper of general circulation