Overview
Lyon County is located in Kentucky with a population of approximately 9,078. The Lyon 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 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.
For smaller estates, Kentucky offers a simplified process known as a Petition to Dispense with Administration (Form AOC-830). This is available if the personal property of the estate does not exceed $30,000, or if the assets are less than the preferred debt exemption for a surviving spouse or children.
Kentucky law sets statutory fees for executors and administrators, typically capped at 5% of the value of the personal estate plus 5% of the income collected. Attorney fees are generally required to be reasonable and are subject to court approval.
This guide provides an informational overview of the Lyon 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
Lyon County District Court
Probate matters in Lyon County are handled at the Lyon County Judicial Center. The Circuit Court Clerk serves as the clerk for the District Court probate division.
Address: 500 West Dale Avenue, Suite A, Eddyville, KY 42038
Phone: (270) 388-7231 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Circuit Court Clerk's office is located in the Judicial Center. Filings should be directed to the probate division.
Parking and Access
Public parking is available at the Judicial Center. The building is accessible to individuals with disabilities.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Petition to Dispense with Administration: Available if the estate's personal property is valued at $30,000 or less, or if assets are insufficient to cover preferred claims (funeral expenses, debts, taxes) and the exemption for the surviving spouse/children.
- Survivorship Assets: 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 (Form AOC-805) with the Lyon County District Court. Include:
- The completed petition form (signed and notarized)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically around $200-$250 for a full petition)
- List of heirs and beneficiaries with addresses
E-filing may be available for attorneys; pro se litigants typically file in person or by mail.
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 Lyon County, such as The Herald Ledger, to alert creditors. The clerk often handles the arrangement of this notice upon filing.
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 from the date of appointment to file claims)
- Inventory and appraise all estate assets and file an inventory with the court within 60 days
- Pay valid creditor claims and estate taxes
- Distribute assets to beneficiaries
- File a Final Settlement (Form AOC-846) after the administration period (typically 2 years, though it can be sooner for simple estates)
Local Requirements
Lyon County-Specific Procedures
- Filing Fees: Fees are payable to the Lyon County Circuit Court Clerk. Expect approximately $200-$250 for a standard probate petition and $40-$100 for a Petition to Dispense with Administration.
- Bond: A fiduciary bond is generally required unless the will waives it or all beneficiaries waive the requirement.
- Local Forms: The court primarily uses the standard Kentucky Administrative Office of the Courts (AOC) forms.
- Publication: Notice to creditors is published in The Herald Ledger. The cost is typically collected by the clerk or paid directly to the newspaper.
Always check with the Circuit Court Clerk's office for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Lyon County)
- Petition for Probate (Standard): approximately $200-$250
- Petition to Dispense with Administration: approximately $40-$100
- Recording Will: approximately $3.00 per page
- Publication costs: approximately $25-$100 depending on the newspaper
- Certified copies: approximately $5.00 per copy
Executors and administrators are entitled to a commission not to exceed 5% of the value of the personal estate and income.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a processing fee).
Estimated Timelines
- Simple estates (Dispense with Admin): 1-2 months
- Average estates: 6-12 months
- Complex or contested estates: 12 months to 2 years or more
Creditors have 6 months from the date of the personal representative's appointment to file claims against the estate.
Local Resources
Lyon County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: Kentucky Court of Justice Probate Guide
- Kentucky Probate Forms: AOC Legal Forms
Legal Aid and Attorney Referrals
- Kentucky Bar Association: (502) 564-3795 — Lawyer Referral Service
- Kentucky Legal Aid: (270) 782-1924 — Provides legal assistance to low-income individuals
- KBA Lawyer Referral: kybar.org
Publication
- The Herald Ledger: (270) 388-2269 — Newspaper of general circulation in Eddyville