Overview
Perry County is located in Kentucky with a population of approximately 26,739. The Perry 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) Chapter 395. The process begins with filing a Petition for Probate of Will and Appointment of 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 called Dispense with Administration (Form AOC-830) for estates valued at $30,000 or less (for surviving spouses and children) or where the estate's assets are equal to or less than the preferred claims (funeral expenses, debts, taxes).
Kentucky does not have a statutory fee schedule for attorneys or executors based on a percentage of the estate; fees must be reasonable and are subject to court approval.
This guide provides an informational overview of the Perry 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
Perry County Hall of Justice
Probate matters in Perry County are handled at the Perry County Hall of Justice.
Address: 545 Main St, Hazard, KY 41702
Phone: (606) 435-6002 (District Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Circuit Court Clerk's office manages filings for the District Court, which oversees probate cases. The courthouse is located in downtown Hazard.
Parking and Access
Public parking is available near the courthouse on Main Street and in surrounding lots. Visitors pass through security screening upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Dispense with Administration: If the estate is valued at $30,000 or less (exemption for surviving spouse/children) or assets equal preferred claims, you may file a Petition to Dispense with Administration (AOC-830).
- 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 Perry County District Court. Include:
- Form AOC-805 (Petition)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically $100-$200 depending on recording costs)
- List of heirs and beneficiaries (Form AOC-806 may be required)
E-filing is available in many Kentucky counties through the KYeCourts system; check with the clerk for specific local availability.
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 Perry County (e.g., Hazard Herald) for the statutory duration (typically once per week for three weeks for creditor notice).
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 within 60 days (Form AOC-841)
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Final Settlement (Form AOC-846) to close the estate
Local Requirements
Perry County-Specific Procedures
- Fiduciary Bond: A bond is generally required unless waived by the will or by all beneficiaries.
- Inventory: Must be filed in duplicate within 60 days of appointment.
- Settlement: A final settlement must be filed after the creditor claim period expires (6 months) and all debts are paid.
- Publication: Notice to creditors must be published in the Hazard Herald.
Always check with the Perry County Circuit Court Clerk for the most up-to-date local rules and fee schedules.
Timeline & Fees
Filing Fees (Perry County)
- Petition for Probate (with or without Will): approximately $100-$150 (includes state tax and recording fees)
- Petition to Dispense with Administration: approximately $85-$100
- Recording Fees: Varies by document length (e.g., $46 for first few pages)
- Publication costs: approximately $100-$200 depending on the newspaper
- Certified Copies: approximately $5 per copy
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a processing fee).
Estimated Timelines
- Simple estates (Dispense with Admin): 1-2 months
- Average estates: 6-9 months
- Complex or contested estates: 1 year or more
The creditor claim period in Kentucky is 6 months from the date of the personal representative's appointment, which sets a minimum duration for formal administration.
Local Resources
Perry County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: Kentucky Court of Justice Civil Legal Aid
- Kentucky Probate Forms: AOC Legal Forms
Legal Aid and Attorney Referrals
- Kentucky Bar Association: (502) 564-3795 — Lawyer Referral Service
- AppalReD Legal Aid: (606) 439-2315 — Provides legal assistance to low-income residents in eastern Kentucky
Publication
- Hazard Herald: (606) 436-5701 — Newspaper of general circulation for legal notices