Overview
Knott County is located in Kentucky with a population of approximately 13,438. The Knott 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 394-395. The process begins with filing a Petition for Probate of Will (Form AOC-805) or 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 (Form AOC-830) for estates valued at $30,000 or less (excluding exempt property). This allows assets to be distributed without full probate administration.
Kentucky law sets statutory compensation for executors and administrators at a maximum of 5% of the value of the personal estate plus 5% of the income collected.
This guide provides an informational overview of the Knott 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
Knott County Judicial Center
Probate matters in Knott County are handled at the Knott County Judicial Center.
Address: 53 W. Main St., Hindman, KY 41822
Phone: (606) 785-5021 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Circuit Court Clerk's office is responsible for maintaining probate records and accepting filings. The District Court judge presides over probate hearings.
Parking and Access
Free public parking is generally available in the lots surrounding the Judicial Center and along Main Street in Hindman. Visitors must 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:
- 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 skip full administration.
- Survivorship Assets: Assets held in joint tenancy with rights 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 (Form AOC-805) with the Knott County District Court. Include:
- The original Petition (signed and notarized)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically around $200, verify exact amount with clerk)
- List of heirs and beneficiaries with addresses
E-filing is available in many Kentucky counties through the KYeCourts system, but pro se litigants often 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 Knott County, such as the Troublesome Creek Times, for the statutory duration (typically once per week for three weeks if required for specific creditor notices, though the clerk often handles the initial creditor notice publication).
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 (creditors have 6 months 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
Knott County-Specific Procedures
- Filing Method: Filings can be made in person at the Circuit Court Clerk's office or via mail. Check with the clerk regarding mandatory e-filing for attorneys.
- Bond Requirements: A fiduciary bond is typically required unless the will waives it or all beneficiaries agree to waive it.
- Local Court Rules: Knott County is part of the 36th Judicial District. Local practice may require specific scheduling for probate dockets.
- Publication: Notice to creditors must be published in the Troublesome Creek Times.
Always call the Circuit Court Clerk at (606) 785-5021 to confirm current filing fees and hearing schedules before visiting.
Timeline & Fees
Filing Fees (Knott County)
- Petition for Probate: approximately $200 (includes state tax and library fees)
- Petition to Dispense with Administration: approximately $85-$100
- Certified copies of Letters: approximately $5 per certified copy
- Publication costs: approximately $50-$100 depending on the newspaper
- Recording fees: Varies by document length
Executors and administrators are entitled to a fee not to exceed 5% of the value of the personal estate and 5% of the income collected.
Payment Methods
The court accepts cash, certified checks, money orders, and credit/debit cards (with a processing fee). Personal checks may not be accepted from pro se litigants.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
The creditor claim period in Kentucky is 6 months from the date of appointment, which sets the minimum duration for formal administration.
Local Resources
Knott 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 — Lawyer Referral Service
- AppalReD Legal Aid: (606) 886-3876 — Legal assistance for low-income residents
- Kentucky Bar Lawyer Referral: kybar.org
Publication
- Troublesome Creek Times: (606) 785-5134 — Newspaper of general circulation