Overview
Metcalfe County is located in Kentucky with a population of approximately 10,500. The Metcalfe 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 (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 "Dispense with Administration" for estates where the personal property is valued at $30,000 or less, or where the assets are exempt for the benefit of a surviving spouse or children.
Executors and administrators in Kentucky are entitled to compensation not to exceed 5% of the value of the personal estate and 5% of the income collected by the representative.
This guide provides an informational overview of the Metcalfe 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
Metcalfe County District Court
Probate matters in Metcalfe County are handled at the Metcalfe County Judicial Center.
Address: 201 E. Stockton St., Edmonton, KY 42129
Phone: (270) 432-3663 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Circuit Court Clerk's office (Probate Division) accepts filings and manages court records. The District Court judge presides over probate hearings.
Parking and Access
Street parking and a public lot are available near the courthouse in downtown Edmonton. Security screening is required upon entry.
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 is exempt for the surviving spouse/children, you may file Form AOC-830 to skip full probate.
- Survivorship: Assets held jointly with "right of survivorship" pass automatically 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 (AOC-805) with the Metcalfe County District Court. Include:
- Completed Petition (AOC-805)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $55-$85)
- List of heirs and next of kin
E-filing is available for attorneys via the KYeCourts system.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in Metcalfe County (typically the Edmonton Herald-News). The clerk often handles the submission of this notice upon payment of the publication fee.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 1 to 2 weeks after filing. 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 to file claims)
- Inventory and appraise all estate assets within 60 days
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final settlement (AOC-846) or informal settlement if all beneficiaries agree
Local Requirements
Metcalfe County-Specific Procedures
- Fiduciary Bond: A bond is generally required for the personal representative unless waived by the will or the court.
- Inventory: Must be filed in duplicate with the clerk within 60 days of appointment.
- Settlement: A final settlement is due 2 years after appointment, though estates can often be closed sooner if all matters are resolved.
- Publication: Notice to creditors is published in the Edmonton Herald-News. The fee is typically collected by the clerk.
Always check with the Metcalfe County Circuit Court Clerk for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Metcalfe County)
- Petition for Probate: approximately $55-$85 (varies by recording length)
- Petition to Dispense with Administration: approximately $55
- Certified copies of Letters: approximately $5.00 per certified copy
- Publication costs: approximately $35.00 (collected by clerk)
- Recording fees: ~$13 for the first 3 pages, $3 per additional page
Kentucky statute caps executor/administrator fees at 5% of the value of the personal estate plus 5% of the income collected.
Payment Methods
The court accepts cash, certified checks, or money orders. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
The 6-month creditor claim period is a primary factor affecting the minimum duration of probate.
Local Resources
Metcalfe County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: Kentucky Probate Guide
- 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 aid for low-income residents
- State Bar Lawyer Referral: kybar.org
Publication
- Edmonton Herald-News: (270) 432-3291 — Newspaper of general circulation