Overview
Knox County is located in Kentucky with a population of approximately 30,000. The Knox 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 391-395. The process begins with filing a Petition for Probate of Will and Appointment of Executor (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.
For smaller estates, Kentucky offers a simplified process known as a Petition to Dispense with Administration (Form AOC-830). This is generally available if the personal property of the estate is valued at $30,000 or less and passes to a surviving spouse, children, or preferred creditors.
Kentucky law sets a maximum fee schedule for attorneys and executors, typically based on a percentage of the estate's value (often around 5%), though this can be negotiated or set by the will.
This guide provides an informational overview of the Knox 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
Knox District Court
Probate matters in Knox County are handled at the Knox County Courthouse Annex.
Address: 401 Court Square, Barbourville, KY 40906
Phone: (606) 546-3075 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM; Saturday, 8:30 AM to 12:00 PM
The Office of the Circuit Court Clerk manages filings for the Probate Division of the District Court. The office is located in the Courthouse Annex in downtown Barbourville.
Parking and Access
Public parking is available around Court Square and on adjacent streets. Visitors should be prepared for security screening upon entering the courthouse 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 and is distributable to a surviving spouse, children, or preferred creditors, you may file Form AOC-830 to skip full probate.
- Survivorship Assets: Assets held jointly with rights of survivorship pass 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 (Form AOC-805) with the Knox District Court. Include:
- The completed petition form
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically paid by cash, check, or money order)
- 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 Knox County (typically The Mountain Advocate) 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 (for wills) or Letters of Administration (no will), granting authority to the personal representative.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors generally have 6 months to file claims)
- Inventory and appraise all estate assets and file an inventory with the court within 2 months
- Pay valid creditor claims and estate taxes
- Distribute assets to beneficiaries
- File a Final Settlement (Form AOC-850 for informal settlement) to close the estate
Local Requirements
Knox County-Specific Procedures
- Filing Office: All probate documents are filed with the Knox County Circuit Court Clerk's office.
- Fiduciary Bond: A bond is typically required for the personal representative unless waived by the will or by the court.
- Publication: Notice to creditors must be published in The Mountain Advocate. The clerk's office often assists with facilitating this publication upon appointment.
- Inventory: Must be filed in duplicate within 2 months of appointment.
Always check with the Circuit Court Clerk for any recent changes to local rules or fee schedules.
Timeline & Fees
Filing Fees (Knox County)
- Petition for Probate: approximately $100-$200 (fees vary based on recording costs and specific petition type)
- Petition to Dispense with Administration: approximately $40-$80
- Recording Will: Fees typically include a base charge plus a per-page fee
- Publication costs: approximately $50-$100 depending on the length of the notice
Note: Fees are subject to change. Contact the Circuit Court Clerk at (606) 546-3075 for the exact current amounts.
Payment Methods
The court typically accepts cash, certified checks, or money orders. Credit cards may be accepted with a processing fee.
Estimated Timelines
- Simple estates (Dispense with Admin): 1-2 months
- Average formal probate: 6-9 months
- Complex or contested estates: 12 months to 2 years or more
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
Knox County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: Kentucky Justice Online
- State Probate Forms: Kentucky Court of Justice Forms
Legal Aid and Attorney Referrals
- Kentucky Bar Association: (502) 564-3795 — Lawyer Referral Service
- Appalachian Research and Defense Fund (Legal Aid): (606) 546-5115 — Barbourville Office
- Kentucky Justice Online: kyjustice.org
Publication
- The Mountain Advocate: (606) 546-9225 — Newspaper of general circulation for notices