Overview
Johnson County is located in Kentucky with a population of approximately 22,098. The Johnson 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 Kentucky Revised Statutes (KRS) Chapters 394 and 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.
Kentucky offers a simplified process known as Dispense with Administration (Small Estate) if the estate's personal property is valued at $30,000 or less and passes to a surviving spouse, children, or preferred creditors (KRS 395.455).
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 Johnson 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
Johnson County Judicial Center
Probate matters in Johnson County are handled at the Johnson County Judicial Center. Filings are processed through the Circuit Court Clerk's office, which serves both Circuit and District courts.
Address: 908 3rd St. Suite 109, Paintsville, KY 41240
Phone: (606) 297-9567 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Judicial Center is located in downtown Paintsville. The Circuit Court Clerk's office is responsible for maintaining all probate records and scheduling hearings for the District Court.
Parking and Access
Public parking is available near the Judicial Center and along Court Street. Visitors pass through security screening upon entering the building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Dispense with Administration: If the personal estate is valued at $30,000 or less and there is a surviving spouse, children, or preferred creditors, you may file a Petition to Dispense with Administration (AOC-830).
- Survivorship Assets: Assets held jointly with rights 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 (Form AOC-805) with the Johnson County District Court. Include:
- The original petition (signed and notarized)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically payable to the Circuit Court Clerk)
- List of heirs and beneficiaries with addresses
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 Johnson County (e.g., The Paintsville Herald) if required by the court or for creditor notification.
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.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (Kentucky has a 6-month creditor claim period)
- Inventory and appraise all estate assets within 60 days (Form AOC-841)
- Pay valid creditor claims and administrative expenses
- File federal and state tax returns as needed (including KY Inheritance Tax if applicable)
- Distribute assets to beneficiaries
- File a Final Settlement (AOC-846) to close the estate
Local Requirements
Johnson County-Specific Procedures
- Filing Office: All probate documents are filed with the Johnson County Circuit Court Clerk.
- Bond Requirements: A fiduciary bond is typically required unless waived by the will or by all beneficiaries.
- Local Court Rules: Hearings are generally held in the District Court. Check with the clerk for specific motion hour times.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Johnson County, such as The Paintsville Herald.
Consult the Circuit Court Clerk for the most current local rules regarding e-filing and document formatting.
Timeline & Fees
Filing Fees (Johnson County)
- Petition for Probate/Appointment: approximately $200–$250 (fees vary by specific filing type and recording costs)
- Petition to Dispense with Administration: approximately $175–$200
- Certified copies of Letters: approximately $5–$10 per copy
- Publication costs: approximately $50–$150 depending on the newspaper
- Recording fees: Varies by document length
Payment Methods
The court accepts cash, certified checks, or money orders. Credit cards may be accepted with a processing fee; confirm with the clerk before visiting.
Estimated Timelines
- Simple estates (Dispense with Admin): 1-2 months
- Average estates: 6-9 months (minimum 6 months for creditor claims)
- Complex or contested estates: 12 months to 2 years
The timeline is heavily influenced by the 6-month creditor claim period and the time required to liquidate assets or resolve tax matters.
Local Resources
Johnson County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: Kentucky Court of Justice Legal Help
- 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
- Kentucky Court of Justice: kycourts.gov
Publication
- The Paintsville Herald: (606) 789-5315 — Newspaper of general circulation for legal notices