Overview
Pulaski County is located in Kentucky with a population of approximately 66,842. The Pulaski 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 391-395. The process begins with filing a Petition for Probate of Will (AOC-805) or Petition for Appointment of Administrator (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 a Petition to Dispense with Administration (AOC-830). This is available if the estate's personal property is valued at $30,000 or less (for surviving spouses and/or children) or if the assets are insufficient to cover funeral and administration costs.
Kentucky does not have a statutory fee schedule for attorneys or executors based on a percentage of the estate, though a fee of up to 5% is often considered reasonable by custom. Fees must be reasonable and approved by the court.
This guide provides an informational overview of the Pulaski 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
Pulaski District Court
Probate matters in Pulaski County are handled at the Pulaski County Judicial Center.
Address: 50 Public Square, Somerset, KY 42502
Phone: (606) 677-4029 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Office of the Circuit Court Clerk serves as the clerk for the District Court probate division. Filings are typically made at the clerk's office on the main floor.
Parking and Access
Public parking is available around the Public Square and in designated lots near the Judicial Center. Security screening is required for entry into the courthouse.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Petition to Dispense with Administration: Available if the estate consists of personal property worth $30,000 or less (exempt for surviving spouse/children) or if assets are less than preferred claims (e.g., funeral expenses).
- Survivorship Assets: Property held as "joint tenants with right of survivorship" passes 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 / Appointment of Fiduciary (Form AOC-805) with the Pulaski District Court. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $103.50 for a petition with a will)
- 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 of the hearing to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Pulaski County (typically the Commonwealth Journal) if required by the court or for creditor notification.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. Many uncontested probate matters in Kentucky can be handled "over the counter" with the clerk or at a brief hearing. If approved, the judge issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Inventory and appraise all estate assets within 60 days (Form AOC-841).
- Notify creditors and allow 6 months for claims to be filed.
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns (including KY inheritance tax if applicable).
- Distribute assets to beneficiaries.
- File a Final Settlement (Form AOC-846) to close the estate.
Local Requirements
Pulaski County-Specific Procedures
- Fiduciary Bond: A bond is generally required for administrators and executors unless the will waives it or all beneficiaries waive the requirement.
- Local Court Rules: Pulaski County is part of the 28th Judicial Circuit. Check local rules for specific hearing schedules.
- Publication: Notice to creditors must be published in the Commonwealth Journal. The clerk usually handles forwarding the notice to the newspaper upon appointment of the fiduciary.
Note: Kentucky has an inheritance tax, though Class A beneficiaries (spouse, children, parents, siblings) are currently exempt.
Timeline & Fees
Filing Fees (Pulaski County)
- Petition for Probate (with or without Will): approximately $103.50
- Petition to Dispense with Administration: approximately $95.50
- Recording Fees: Varies by page count (typically included in base fee up to a limit)
- Publication costs: approximately $50-$100 (payable to the newspaper)
- Certified copies: approximately $5.00 per copy
Payment Methods
The court accepts cash, certified checks, or money orders. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates (Dispense with Administration): 1-2 months
- Average estates: 6-9 months (includes 6-month creditor period)
- Complex or contested estates: 12 months to 2 years
The 6-month creditor claim period is a primary factor in the duration of formal probate.
Local Resources
Pulaski County Court Resources
- Court Website: kycourts.gov
- State Probate Forms: Kentucky Court of Justice Forms
Legal Aid and Attorney Referrals
- Kentucky Bar Association: (502) 564-3795 — Lawyer Referral Service
- AppalReD Legal Aid: (606) 679-7313 — Somerset Office
- Pulaski County Bar Association: Contact local court clerk for current officers
Publication
- Commonwealth Journal: (606) 678-8191 — somerset-kentucky.com