Overview
Martin County is located in Kentucky with a population of approximately 10,696. The Martin 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 (Form AOC-805) or Petition for Appointment of Administrator 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 (Form AOC-830). This is available if the personal property of the estate does not exceed $30,000, or if the surviving spouse's exemption plus preferred claims equals or exceeds the value of the estate.
Kentucky law sets a cap on attorney and executor fees, typically not exceeding 5% of the value of the personal estate plus 5% of the income collected, though the court may allow additional compensation for extraordinary services.
This guide provides an informational overview of the Martin 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
Martin County District Court
Probate matters in Martin County are handled at the Martin County Courthouse.
Address: 14 Court St., Inez, KY 41224
Phone: (606) 298-3508 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The District Court Probate Division is responsible for the probate of wills and the appointment of executors and administrators. The Circuit Court Clerk's office accepts filings and maintains the records.
Parking and Access
Public parking is available near the courthouse in downtown Inez. Visitors should be prepared for 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's personal property is valued at $30,000 or less, or if the assets are exempt from execution (e.g., for a surviving spouse/children), you may file Form AOC-830 to skip full administration.
- Survivorship Assets: Property held as "joint tenants with rights 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 (Form AOC-805) or Petition for Appointment of Administrator with the Martin County District Court. Include:
- The completed petition form
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically paid to the Circuit Court Clerk)
- 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 Martin County (typically the Mountain Citizen) to alert creditors. The clerk often handles the arrangement 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, giving the personal representative legal authority to act.
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 within 60 days
- Pay valid creditor claims and estate expenses
- File federal and state tax returns (including KY inheritance tax if applicable)
- Distribute assets to beneficiaries
- File a Final Settlement (Form AOC-846) to close the estate
Local Requirements
Martin County-Specific Procedures
- Filing: Documents are filed with the Martin County Circuit Court Clerk.
- Bond: A fiduciary bond is typically required unless the will waives it or all beneficiaries agree to waive it (and the court approves).
- Publication: Notice to creditors must be published in the Mountain Citizen. The clerk's office usually facilitates this process after the fiduciary is appointed.
- Inventory: A duplicate inventory must be filed with the court clerk within 60 days of appointment.
Always check with the Circuit Court Clerk for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Martin County)
- Petition for Probate/Appointment: approximately $80 - $150 (fees vary based on recording costs and specific petition type)
- Petition to Dispense with Administration: approximately $50 - $80
- Recording Fees: Fees may apply for recording the will and other documents (contact clerk for current rates)
- Publication costs: approximately $50 - $100 depending on the length of the notice
Note: Fees are subject to change. Contact the clerk at (606) 298-3508 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 Administration): 1-2 months
- Average estates: 6-9 months (due to the 6-month creditor period)
- Complex or contested estates: 12 months to 2 years or more
The 6-month creditor claim period is a primary factor in the duration of formal probate.
Local Resources
Martin County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: KY Court of Justice 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: (866) 277-5733 — Provides legal assistance to low-income residents in eastern Kentucky
- Kentucky Justice Online: kyjustice.org
Publication
- Mountain Citizen: (606) 298-7570 — Newspaper of general circulation in Inez and Martin County