Overview
McLean County is located in Kentucky with a population of approximately 9,126. The McLean 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 Chapters 394 and 395. The process begins with filing a Petition for Probate of Will (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 Dispense with Administration (Form AOC-830) for estates valued at $30,000 or less (excluding exempt property) where there is a surviving spouse or children, or for preferred creditors.
Kentucky statutes generally set executor compensation at a maximum of 5% of the personal estate value plus 5% of the income collected.
This guide provides an informational overview of the McLean 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
McLean County Circuit Court Clerk
Probate matters in McLean County are handled at the McLean County Judicial Center.
Address: 210 E. Main St, Calhoun, KY 42327 (Mailing: P.O. Box 145)
Phone: (270) 273-3966 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Circuit Court Clerk's office accepts probate filings. Probate hearings are typically heard in the District Court division.
Parking and Access
Parking is available on Main and Second streets. There is also a parking lot located behind the building, accessible off Walnut and Second streets. Designated parking for those with disabilities is available in front of 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 (after exemptions for spouse/children), you may file a Petition to Dispense with Administration (AOC-830).
- Survivorship Assets: Assets held in joint tenancy with right 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 of Will (AOC-805) with the McLean County Circuit Court Clerk. Include:
- Completed Petition form (AOC-805)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically starting around $47.00, but verify total costs with clerk)
- List of heirs and beneficiaries
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 McLean County (typically the McLean County News) 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, appoints the fiduciary and issues Letters Testamentary or Letters of Administration.
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 Kentucky inheritance tax returns if applicable
- Distribute assets to beneficiaries
- File a Final Settlement (informal or formal) to close the estate
Local Requirements
McLean County-Specific Procedures
- Filing Location: All probate documents are filed with the Circuit Court Clerk at the Judicial Center in Calhoun.
- Hearings: Probate hearings are generally held in the District Court. Check with the clerk for specific motion hour times (often Tuesdays).
- Publication: Notice to creditors must be published in the McLean County News.
- Local Forms: While state AOC forms are standard, always check with the clerk for any county-specific cover sheets or requirements.
Timeline & Fees
Filing Fees (McLean County)
- Petition for Probate of Will: approximately $47.00 (base fee; total may vary)
- Petition to Dispense with Administration: approximately $47.00
- Recording Fees: Varies by document length
- Publication costs: approximately $150-$200 depending on the newspaper
- Certified copies: approximately $5.00 per copy
Note: Fees are subject to change. Contact the Circuit Court Clerk for the most current fee schedule.
Payment Methods
The court typically accepts cash, checks, or money orders. Credit/debit cards may be accepted with a processing fee.
Estimated Timelines
- Dispense with Administration: 1-2 months
- Simple estates (informal settlement): 6-9 months
- Complex or contested estates: 12 months to 2 years
Creditors in Kentucky have 6 months from the date of appointment to file claims against the estate.
Local Resources
McLean 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 — Assisting low-income residents
- Find a Lawyer: KBA Website
Publication
- McLean County News: (270) 273-3287 — Newspaper of general circulation