Overview
McCracken County is located in Kentucky with a population of approximately 67,800. The McCracken 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.
Dispense with Administration: Kentucky offers a simplified process for small estates. If the personal property of the estate is $30,000 or less, a surviving spouse, child, or preferred creditor may file a Petition to Dispense with Administration (Form AOC-830). This allows assets to be transferred without full probate administration.
Attorney Fees: Kentucky does not have a statutory fee schedule for attorneys; fees are typically reasonable and agreed upon between the attorney and the personal representative. Executors and administrators are entitled to a commission not to exceed 5% of the value of the personal estate income plus 5% of the income collected.
This guide provides an informational overview of the McCracken 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
McCracken County District Court
Probate matters in McCracken County are handled at the McCracken County Courthouse.
Address: 300 Clarence Gaines Street, Paducah, KY 42003
Phone: (270) 575-7270 (District Court Clerk) | (270) 575-7273 (Probate)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Probate Division is part of the District Court. The Circuit Court Clerk's office manages filings for both District and Circuit courts.
Parking and Access
Public parking is available in lots surrounding the courthouse and along nearby streets. Visitors must pass through security screening upon entering the building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Dispense with Administration: If the estate's personal property is valued at $30,000 or less, and there is a surviving spouse, children, or preferred creditor, you may file a Petition to Dispense with 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 McCracken County District Court. Include:
- The original Petition (signed and notarized)
- The original will and codicils (if any)
- A certified copy of the death certificate
- The filing fee (typically payable to the Circuit Court Clerk)
- A 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 McCracken County (typically The Paducah Sun) to notify creditors. The clerk often handles the arrangement for 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, admits the will to probate and appoints the fiduciary. The clerk then issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Inventory the estate assets and file an inventory with the court within 60 days of appointment (Form AOC-841).
- Notify creditors and allow the statutory 6-month period for claims to expire.
- Pay valid creditor claims and administrative expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Final Settlement (Form AOC-846) to close the estate, which can be done informally if all beneficiaries waive a formal accounting.
Local Requirements
McCracken County-Specific Procedures
- Filing Method: Filings are generally made in person at the Circuit Court Clerk's office.
- Bond Requirements: A fiduciary bond is typically required unless the will explicitly waives it or all beneficiaries agree to waive it. The court sets the bond amount based on the value of the personal estate.
- Publication: Notice of the appointment of the fiduciary must be published in The Paducah Sun. The clerk usually forwards this notice to the newspaper, but the estate is responsible for the cost.
- Local Forms: McCracken County primarily uses the standard Kentucky Administrative Office of the Courts (AOC) forms.
Timeline & Fees
Filing Fees (McCracken County)
- Petition for Probate: approximately $54.50 - $85.00 (fees vary by specific filing type and surcharges)
- Petition to Dispense with Administration: approximately $54.50
- Recording Will: $46.00 for the first 5 pages
- Certified copies of Letters: approximately $5.00 per copy
- Publication costs: approximately $100-$200 depending on the length of the notice
Payment Methods
The court accepts cash, certified checks, money orders, and credit/debit cards (with a processing fee). Personal checks may not be accepted from pro se litigants.
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
The 6-month creditor claim period begins after the appointment of the personal representative.
Local Resources
McCracken County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: Kentucky Legal Aid
- 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
- McCracken County Bar Association: Local attorney networking and resources
Publication
- The Paducah Sun: (270) 575-8600 — Primary newspaper for legal notices