Overview
Mason County is located in Kentucky with a population of approximately 16,956. The Mason 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) 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 known as a Petition to Dispense with Administration (Form AOC-830) for estates valued at $30,000 or less (for surviving spouses and/or children) or where the preferred creditor claim is equal to or exceeds the estate assets.
Kentucky law sets a maximum fee schedule for attorneys and executors, typically based on a percentage of the estate's value (often 5%), though this can be subject to court approval and agreement.
This guide provides an informational overview of the Mason 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
Mason County Justice Center
Probate matters in Mason County are handled at the Mason County Justice Center.
Address: 100 West 3rd Street, Maysville, KY 41056
Phone: (606) 564-4340 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Office of the Circuit Court Clerk is responsible for maintaining court records and collecting filing fees for the District Court Probate Division.
Parking and Access
Public parking is available on the streets surrounding the Justice Center and in nearby public lots. Visitors should be prepared for security screening upon entering 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 is valued at $30,000 or less and passes to a surviving spouse or children, or if preferred claims exceed assets, you may file Form AOC-830 to avoid 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 (Form AOC-805) with the Mason 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 Mason County (typically The Ledger Independent) to alert creditors.
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, granting the personal representative authority to act.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (Kentucky has a 6-month creditor claim period)
- Inventory and appraise all estate assets within 60 days
- Pay valid creditor claims and estate expenses
- File federal and state tax returns (including Kentucky inheritance tax if applicable)
- Distribute assets to beneficiaries
- File a Final Settlement (Form AOC-846) to close the estate
Local Requirements
Mason County-Specific Procedures
- Filing Office: All probate documents are filed with the Mason County Circuit Court Clerk's office.
- Bond requirements: A fiduciary bond is generally required unless waived by the will or by the court.
- Local court rules: Check with the clerk for any specific local forms or scheduling procedures for probate motion hours.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Mason County, such as The Ledger Independent.
Timeline & Fees
Filing Fees (Mason County)
- Petition for Probate: approximately $83.50 (fees vary, verify with clerk)
- Petition to Dispense with Administration: approximately $43.50
- Certified copies of Letters: approximately $5.00 per certified copy
- Publication costs: approximately $50-$150 depending on the newspaper and length of notice
- Recording fees: Varies by document length
Payment Methods
The court accepts cash, certified checks, money orders, and credit/debit cards (with a processing fee). Personal checks may not be accepted; verify with the clerk.
Estimated Timelines
- Simple estates (Dispense with Administration): 1-2 months
- Average estates: 6-9 months (due to 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
Mason County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: Kentucky Court of Justice Self-Help
- State Probate Forms: Kentucky Court of Justice Forms
Legal Aid and Attorney Referrals
- Kentucky Bar Association: (502) 564-3795 — Lawyer Referral Service
- Legal Aid of the Bluegrass: (859) 431-8200 — Provides legal assistance to low-income residents
Publication
- The Ledger Independent: (606) 564-9091 — Newspaper of general circulation for legal notices