Overview
Oldham County is located in Kentucky with a population of approximately 70,525. The Oldham County Circuit 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) Chapter 395. The process begins with filing a Petition for Probate of Will, Appointment of Administrator/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 for small estates known as a Petition to Dispense with Administration (Form AOC-830). This is available if the estate's personal property is valued at $30,000 or less and there is a surviving spouse or children, or if preferred claims (like funeral expenses) equal or exceed the estate's value.
Kentucky does not have a statutory fee schedule for attorneys; fees must be reasonable. Executors are generally entitled to a fee not to exceed 5% of the value of the personal estate plus 5% of the income collected.
This guide provides an informational overview of the Oldham 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
Oldham County Circuit Court
Probate matters in Oldham County are handled at the Oldham County Courthouse (temporary location during courthouse construction).
Address: 6822 Central Ave., Crestwood, KY 40014
Phone: (502) 222-9837 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Circuit Court Clerk's office is temporarily located in Crestwood while the historic courthouse in La Grange undergoes renovation. Probate filings are processed at this temporary location.
Parking and Access
Public parking is available at the temporary courthouse location. Security screening is required for entry into the courthouse building.
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 and passes to a surviving spouse or children, or if assets are consumed by preferred claims (funeral costs, etc.).
- Survivorship Assets: Property held as "joint tenants with right 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 of Will/Appointment of Administrator (Form AOC-805) with the Oldham County Circuit Court. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Filing fee (typically cash, check, or money order)
- List of heirs and beneficiaries with addresses
- Waiver of Notice (Form AOC-806) if applicable
Step 3: Provide Notice
After filing, you must:
- Mail notice to heirs and beneficiaries if they have not waived notice.
- Publish notice of the fiduciary's appointment in a newspaper of general circulation in Oldham County (e.g., The Oldham Era) to notify 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.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 6 months from the date of appointment to file claims)
- Inventory and appraise all estate assets and file an Inventory (Form AOC-841) 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 (can be filed 6 months after appointment if all claims are resolved)
Local Requirements
Oldham County-Specific Procedures
- Local Forms: While state AOC forms are standard, check with the clerk for any county-specific cover sheets or requirements.
- Fiduciary Bond: A bond is generally required unless the will waives it or all beneficiaries waive the requirement and the court approves.
- Publication: Notice of appointment must be published in The Oldham Era. The clerk typically facilitates this process upon filing, but the estate is responsible for the cost.
Always verify specific filing requirements with the Oldham County Circuit Court Clerk's office before visiting.
Timeline & Fees
Filing Fees (Oldham County)
- Petition for Probate: approximately $75.00 - $100.00 (base fee + recording costs)
- Petition to Dispense with Administration: approximately $46.00 - $60.00
- Recording Fees: Fees vary by document length (e.g., $46.00 for the first few pages)
- Publication costs: approximately $50.00 - $100.00 depending on the newspaper
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted with a processing fee; confirm with the clerk.
Estimated Timelines
- Simple estates (Dispense with Administration): 1-2 months
- Average estates: 6-9 months (minimum 6 months for creditor claims)
- Complex or contested estates: 12 months to 2 years or more
The creditor claim period in Kentucky is 6 months from the date of the fiduciary's appointment.
Local Resources
Oldham County Court Resources
- Court Website: kycourts.gov
- Oldham County Clerk: oldhamcountyclerk.ky.gov
- Kentucky Probate Forms: kycourts.gov/Legal-Forms
Legal Aid and Attorney Referrals
- Kentucky Bar Association: (502) 564-3795 — Lawyer Referral Service
- Legal Aid Society (Louisville area): (502) 584-1254 — yourlegalaid.org
Publication
- The Oldham Era: (502) 222-7183 — Newspaper of general circulation for legal notices