Overview
Montgomery County is located in Kentucky with a population of approximately 28,771. The Montgomery 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 394-395. 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 for small estates known as a Petition to Dispense with Administration (Form AOC-830). This is available if the personal estate is valued at $30,000 or less (excluding exempt property) and there are no debts or the debts have been paid.
Kentucky law sets statutory compensation for executors and administrators at a maximum of 5% of the value of the personal estate plus 5% of the income collected.
This guide provides an informational overview of the Montgomery 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
Montgomery County District Court
Probate matters in Montgomery County are handled at the Montgomery County Courthouse.
Address: One Court St., P.O. Box 327, Mt. Sterling, KY 40353
Phone: (859) 498-5966 (Circuit Court Clerk)
Hours: Monday through Thursday, 8:00 AM to 4:00 PM; Friday, 8:00 AM to 5:00 PM
The Circuit Court Clerk serves as the clerk for the District Court probate division. Filings should be directed to the Clerk's office.
Parking and Access
Street parking is available around the courthouse square in downtown Mt. Sterling. There are also public parking lots nearby. Security screening is required 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's personal property is valued at $30,000 or less (after exemptions) and there are no debts, you may file Form AOC-830 to avoid full probate.
- Survivorship: Assets held jointly with right of survivorship pass automatically to the survivor.
- 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) with the Montgomery County District Court. Include:
- Original Will (if applicable)
- Certified death certificate
- Filing fee (typically around $200 for formal probate)
- List of heirs and beneficiaries
Step 3: Provide Notice
After filing, you must:
- Mail notice to heirs and beneficiaries.
- Publish notice in a newspaper of general circulation in Montgomery County (e.g., The Mt. Sterling Advocate) 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 (Kentucky has a 6-month creditor claim period)
- Inventory and appraise estate assets within 60 days
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- File a Final Settlement to close the estate
Local Requirements
Montgomery County-Specific Procedures
- Filing Office: All probate documents are filed with the Montgomery County Circuit Court Clerk.
- Bond: A fiduciary bond is generally required unless waived by the will or by all beneficiaries.
- Publication: Notice to creditors must be published in The Mt. Sterling Advocate.
- Settlement: A final settlement must be filed after the creditor period expires and all debts/distributions are made.
Timeline & Fees
Filing Fees (Montgomery County)
- Petition for Probate (Formal): approximately $200
- Petition to Dispense with Administration: approximately $40-$50
- Recording Fees: Varies by document length
- Publication costs: approximately $50-$100 depending on the newspaper
Note: Fees are subject to change. Contact the Circuit Court Clerk for the most current fee schedule.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a processing fee).
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
Montgomery 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 — Civil legal assistance for low-income residents
Publication
- The Mt. Sterling Advocate: (859) 498-2222 — Newspaper of general circulation