Overview
Marshall County is located in Kentucky with a population of approximately 31,734. The Marshall 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) Chapter 395. The process begins with filing a Petition for Probate of Will and Appointment of Executor/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 called "Dispensing with Administration" (Form AOC-830) for estates valued at $30,000 or less (for surviving spouses and children) or $15,000 or less (for other preferred creditors). This allows qualifying estates to bypass full probate administration.
Kentucky does not have a statutory fee schedule for attorneys or executors based on a percentage of the estate; fees must be reasonable and are subject to court approval. Executors are typically entitled to a commission not exceeding 5% of the personal estate income and value.
This guide provides an informational overview of the Marshall 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
Marshall County District Court
Probate matters in Marshall County are handled at the Marshall County Judicial Center.
Address: 80 Judicial Drive Unit 101, Benton, KY 42025
Phone: (270) 527-1721 (District Court Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The District Court Clerk's office is responsible for accepting probate filings. It is recommended to call ahead to confirm judge availability if you plan to walk in for a hearing, although many hearings are scheduled upon filing.
Parking and Access
Free parking is generally available in the lot adjacent to the Judicial Center. Visitors must pass through security screening upon entering the building; cell phones and electronic devices may be restricted in courtrooms.
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 or children), you may file Form AOC-830 to avoid full probate.
- Survivorship Assets: Assets held in joint tenancy 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 Marshall County District Court. Include:
- Original Will (if applicable)
- Certified death certificate
- Filing fee (typically $85-$105 depending on the petition type)
- List of heirs and beneficiaries (Form AOC-805 includes this)
- Fiduciary Bond (unless waived in the will or by the court)
E-filing is available for attorneys in Kentucky via KYeCourts, but pro se litigants typically file in person or by mail.
Step 3: Provide Notice
After filing, you must:
- Mail notice to heirs and beneficiaries. Kentucky law generally requires notice of the hearing to be provided to interested parties.
- Publish notice in a newspaper of general circulation in Marshall County (typically the Marshall County Tribune-Courier) to alert creditors. The clerk often handles the coordination of this publication 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, 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 the 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 filed 6 months after appointment if all claims are settled)
Local Requirements
Marshall County-Specific Procedures
- Fiduciary Bond: Marshall County courts typically require a corporate surety bond unless the will explicitly waives it or all beneficiaries agree to waive it.
- Inventory: A duplicate inventory must often be mailed to the state Department of Revenue.
- Publication: The clerk usually forwards the Notice of Administration to the Marshall County Tribune-Courier for publication. The estate is responsible for the publication cost.
- Local Forms: While state AOC forms are standard, check with the clerk for any local cover sheets or specific procedural preferences.
Timeline & Fees
Filing Fees (Marshall County)
- Petition for Probate (with or without Will): approximately $85-$105
- Petition to Dispense with Administration: approximately $55-$85
- Recording Fees: Varies by document length (e.g., $50+ for Affidavits of Descent)
- Publication costs: approximately $50-$100 (payable to the newspaper)
- Certified copies: approximately $5 per copy
Payment Methods
The court accepts cash, checks (payable to "Marshall County Circuit Clerk"), and credit/debit cards (subject to a processing fee).
Estimated Timelines
- Simple estates (Dispense with Administration): 1-2 months
- Average estates: 6-9 months (minimum 6 months for creditor claims)
- Complex or contested estates: 12 months to 2 years
The 6-month creditor claim period is a statutory minimum for formal administration.
Local Resources
Marshall County Court Resources
- Court Website: kycourts.gov
- State Probate Forms: Kentucky Court of Justice Forms
Legal Aid and Attorney Referrals
- Kentucky Bar Association: (502) 564-3795 — Lawyer Referral Service
- Kentucky Legal Aid: (270) 782-1924 — Civil legal assistance for low-income residents
- Marshall County Bar Association: Contact local court clerk for roster
Publication
- Marshall County Tribune-Courier: (270) 527-3162 — tribunecourier.com