Overview
Livingston County is located in Kentucky with a population of approximately 8,815. The Livingston 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 known as a Petition to Dispense with Administration (AOC-830). This is available if the personal estate is valued at $30,000 or less and there is a surviving spouse or children, or if preferred claims exceed the value of the assets.
Executors and administrators in Kentucky are generally entitled to a fee not to exceed 5% of the value of the personal estate plus 5% of the income collected (KRS 395.150).
This guide provides an informational overview of the Livingston 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
Livingston County District Court
Probate matters in Livingston County are handled at the Livingston County Justice Center.
Address: 122 W. Adair Street, P.O. Box 160, Smithland, KY 42081
Phone: (270) 928-2172 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Office of the Circuit Court Clerk serves as the custodian of records for both Circuit and District courts. Probate filings should be directed to the District Court division.
Parking and Access
Public parking is available near the Justice Center in Smithland. 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 is valued at $30,000 or less and passes to a surviving spouse or children, or if preferred claims exceed assets.
- Survivorship: Property held as "joint tenants with right of survivorship" passes 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 (AOC-805) with the Livingston County District Court. Include:
- Petition for Probate (AOC-805)
- Original will and codicils (if any)
- Copy of Death Certificate
- Filing fee (approx. $40-$200 depending on recording costs)
- List of heirs and beneficiaries
E-filing (KYeCourts) is available for attorneys.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties (requirements vary, check with clerk)
- Publish notice in a newspaper of general circulation in Livingston County (typically The Livingston Ledger) once after appointment.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 to 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)
- 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 (usually 2 years after appointment)
Local Requirements
Livingston County-Specific Procedures
- Fiduciary Bond: Required for personal representatives unless waived by the will or by all beneficiaries.
- Inventory: Must be filed in duplicate within 60 days of appointment (AOC-841).
- Settlement: A final settlement must be filed to close the estate, typically after the 6-month creditor period has expired.
- Publication: Notice of appointment must be published in a newspaper of general circulation in Livingston County.
Check with the Circuit Court Clerk for specific local docket times for probate hearings.
Timeline & Fees
Filing Fees (Livingston County)
- Petition for Probate: approximately $40 (plus recording fees)
- Petition to Dispense: approximately $40 (plus recording fees)
- Certified copies of Letters: approximately $5 per certified copy
- Publication costs: approximately $50-$150 depending on the newspaper
- Recording Fees: Typically $46 for the first 5 pages of a will/document
Kentucky statute allows for a fiduciary fee of up to 5% of the personal estate value and income.
Payment Methods
The court accepts cash, checks, or money orders. Credit cards may be accepted with a convenience 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 6-month creditor claim period sets the minimum duration for most formal estates.
Local Resources
Livingston County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: Kentucky Probate Guide
- Kentucky Probate Forms: Legal Forms
Legal Aid and Attorney Referrals
- Kentucky Bar Association: (502) 564-3795 — Lawyer Referral Service
- Kentucky Legal Aid: (270) 782-1924 — Legal assistance for qualifying individuals
- KBA Lawyer Referral: kybar.org
Publication
- The Livingston Ledger: (270) 928-2128 — Newspaper of general circulation
- The Paducah Sun: (270) 575-8600 — Regional newspaper