Overview
Scott County is located in Kentucky with a population of approximately 61,700. The Scott 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) or Petition for Appointment of Administrator 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 Dispense with Administration (Small Estate) for estates valued at $30,000 or less (or where the preferred claims exemption applies). This allows assets to be transferred without full probate administration.
Kentucky law sets a maximum statutory fee for executors and administrators at 5% of the personal estate value plus 5% of the income collected. Attorney fees are generally reasonable and subject to court approval.
This guide provides an informational overview of the Scott 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
Scott County District Court
Probate matters in Scott County are handled at the Scott County Justice Center.
Address: 119 N. Hamilton St., Georgetown, KY 40324
Phone: (502) 863-0474 (Circuit Court Clerk)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Circuit Court Clerk's office processes all probate filings. The District Court judge presides over probate hearings.
Parking and Access
Public parking is available on the side of the building. Additional on-street parking can be found on Main Street, Hamilton Street, and Broadway. Visitors pass through security screening upon entering the Justice Center.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Dispense with Administration: If the personal estate is valued at $30,000 or less (or equals the surviving spouse/child exemption), you may file a Petition to Dispense with Administration (AOC-830).
- Survivorship Assets: 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) or Petition for Appointment of Administrator with the Scott County District Court. Include:
- Completed Petition form (AOC-805)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically around $40-$50 base fee, plus recording costs)
- List of heirs and beneficiaries with addresses
E-filing is available for attorneys in Kentucky courts; pro se litigants typically file in person or by mail.
Step 3: Provide Notice
After filing, you must:
- Mail notice to all heirs and beneficiaries.
- Publish notice in a newspaper of general circulation in Scott County (typically the Georgetown News-Graphic) 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, issues Letters Testamentary or Letters of Administration. Fiduciary bond may be required unless waived by the will.
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 estate taxes
- File Kentucky inheritance tax return (if applicable)
- Distribute assets to beneficiaries
- File a Final Settlement (AOC-850) to close the estate
Local Requirements
Scott County-Specific Procedures
- Filing Office: All probate documents are filed with the Scott County Circuit Court Clerk.
- Bond: A fiduciary bond is generally required unless the will explicitly waives it or all beneficiaries agree to waive it.
- Inventory: An inventory of assets must be filed with the court within 60 days of appointment.
- Publication: Notice to creditors must be published in the Georgetown News-Graphic.
Consult the Circuit Court Clerk for specific local rules regarding hearing schedules and document formatting.
Timeline & Fees
Filing Fees (Scott County)
- Petition for Probate: approximately $40-$50 (base fee)
- Petition to Dispense with Administration: approximately $40-$50
- Recording Fees: Varies by page count (e.g., $50 for first few pages)
- Certified copies: approximately $5 per copy
- Publication costs: approximately $100-$300 depending on the newspaper
Note: Total initial filing costs often range from $150 to $250 when including recording and library fees.
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 (includes 6-month creditor period)
- Complex or contested estates: 1 year or more
The 6-month creditor claim period begins after the appointment of the personal representative.
Local Resources
Scott County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: Kentucky Court of Justice Legal Help
- Kentucky Probate Forms: KY 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
- Scott County Bar Association: Contact local court clerk for information
Publication
- Georgetown News-Graphic: (502) 863-1111 — news-graphic.com