Overview
Russell County is located in Kentucky with a population of approximately 18,000. The Russell 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 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 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, or if the assets are exempt from execution for the surviving spouse or children.
Executors and administrators are generally entitled to a commission not to exceed 5% of the value of the personal estate income plus 5% of the income collected, though this can vary by will or agreement.
This guide provides an informational overview of the Russell 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
Russell County Judicial Center
Probate matters in Russell County are handled at the Russell County Judicial Center.
Address: 202 Monument Square, Suite 106, Jamestown, KY 42629
Phone: (270) 343-2185 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Circuit Court Clerk's office is located in the Judicial Center on the square in Jamestown. They accept filings for the District Court probate division.
Parking and Access
Public parking is available around Monument Square and in designated lots near the Judicial Center.
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 if the assets are exempt for the surviving spouse/children, you may file Form AOC-830 to avoid full administration.
- Survivorship: Assets held jointly with right of survivorship pass 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 (AOC-805) with the Russell District Court. Include:
- Completed Form AOC-805
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $200)
- List of heirs and beneficiaries
E-filing is available for attorneys through the KyeCourts system.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties if they have not waived notice.
- Publish notice to creditors in a newspaper of general circulation in Russell County (typically handled by the fiduciary after appointment).
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 (claims must be presented within 6 months of appointment)
- 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 accounting and petition for discharge (usually after 6 months)
Local Requirements
Russell County-Specific Procedures
- E-filing: Available to attorneys via the KyeCourts system.
- Fiduciary Bond: Often required for personal representatives unless waived by the will or by all beneficiaries.
- Inventory: Must be filed in duplicate with the clerk within 60 days of appointment.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Russell County.
Always check with the Circuit Court Clerk for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Russell County)
- Petition for Probate/Appointment: approximately $200
- Petition to Dispense with Administration: approximately $200
- Certified copies of Letters: approximately $5.00 per copy
- Publication costs: approximately $50-$100 depending on the newspaper
- Recording fees: Varies by document length
Kentucky statute allows for reasonable attorney fees and executor commissions (typically capped at 5%).
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (convenience fees apply).
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-12 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
Creditors have 6 months from the date of appointment to file claims, which sets a minimum duration for formal administration.
Local Resources
Russell County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: Kentucky Court of Justice Legal Help
- Kentucky Probate Forms: AOC Legal Forms
Legal Aid and Attorney Referrals
- Kentucky Bar Association: (502) 564-3795 — Lawyer Referral Service
- Kentucky Legal Aid: (270) 782-1924 — Civil legal assistance for low-income residents
- State Bar Lawyer Referral: kybar.org
Publication
- The Russell County News-Register: (270) 866-3191 — General circulation newspaper
- Times Journal: (270) 866-3191 — Local newspaper