Overview
Madison County is located in Kentucky with a population of approximately 99,582. The Madison 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.
Petition to Dispense with Administration: For estates valued at $30,000 or less (where the surviving spouse, children, or preferred creditors are the only beneficiaries), you may file a Petition to Dispense with Administration (Form AOC-830). This allows assets to be transferred without full probate administration.
Statutory Fees: Kentucky law sets a cap on executor/administrator fees 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 Madison 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
Madison District Court
Probate matters in Madison County are handled at the Madison County Courthouse.
Address: 101 W. Main St., Richmond, KY 40475
Phone: (859) 624-4713 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Madison County Circuit Court Clerk's office processes probate filings for the District Court. The courthouse is located in downtown Richmond.
Parking and Access
Street parking is available around the courthouse square. There are also public parking lots nearby. Security screening is required for entry into the courthouse.
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 passes to a surviving spouse, children, or preferred creditors, you may file Form AOC-830 to skip full administration.
- Joint Survivorship: 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 (Form AOC-805) with the Madison District Court. Include:
- The original Petition (signed and notarized)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $161.00)
- 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 Madison County (typically the Richmond Register) to notify creditors. The clerk often handles the arrangement of this notice upon appointment.
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, admits the will and appoints the fiduciary. The court then 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 (Form AOC-841)
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- File a Final Settlement (Form AOC-846) to close the estate (can be informal if all beneficiaries agree)
Local Requirements
Madison County-Specific Procedures
- Fiduciary Bond: A bond is generally required unless the will waives it or all beneficiaries waive the requirement. The court sets the amount based on the estate's value.
- Publication: Notice to creditors must be published in the Richmond Register. The clerk usually collects the publication fee at the time of filing or directs you to the newspaper.
- Inventory: Must be filed in duplicate with the clerk within 60 days of appointment.
Always check with the Madison County Circuit Court Clerk for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Madison County)
- Petition for Probate (Formal): approximately $161.00
- Petition to Dispense with Administration: approximately $53.50 - $85.00
- Certified copies of Letters: approximately $5.00 per copy
- Publication costs: approximately $50.00 - $100.00 (payable to the newspaper)
- Recording fees: Varies by document length
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a processing fee).
Estimated Timelines
- Simple estates (Dispense with Administration): 1-2 months
- Average estates: 6-12 months (includes 6-month creditor period)
- Complex or contested estates: 12 months to 2 years
The 6-month creditor claim period begins after the appointment of the personal representative.
Local Resources
Madison County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: Kentucky Courts 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: (859) 623-1800 — Provides legal assistance to low-income residents in Richmond and surrounding areas.
- Madison County Bar Association: Contact local listings.
Publication
- Richmond Register: (859) 623-1669 — richmondregister.com