Overview
Shelby County is located in Kentucky with a population of approximately 50,124. The Shelby 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 391-395. The process begins with filing a Petition for Probate of Will or Appointment of Administrator (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.
For smaller estates, Kentucky offers a simplified process known as a Petition to Dispense with Administration (Form AOC-830). This is available if the personal property in the estate is valued at $30,000 or less, or if the assets are sufficient only to pay preferred claims (such as funeral expenses) and the exemption for the surviving spouse or children.
Kentucky law sets a statutory fee cap for executors and administrators at 5% of the value of the personal estate plus 5% of the income collected. Attorneys' fees are generally reasonable based on the services performed and are subject to court approval.
This guide provides an informational overview of the Shelby 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
Shelby County District Court
Probate matters in Shelby County are handled at the Shelby County Judicial Center.
Address: 401 Main Street, Suite 101, Shelbyville, KY 40065
Phone: (502) 633-1287 (Circuit Court Clerk)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Circuit Court Clerk's office manages probate filings. The Probate Division of the District Court oversees the administration of estates.
Parking and Access
Public parking is available on Main Street and in nearby public lots surrounding the Judicial Center. Visitors should be prepared for security screening upon entering the courthouse.
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 equals the preferred claims/exemptions), you may file Form AOC-830 to transfer assets without full administration.
- Survivorship Assets: Property held with "rights 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 or Appointment of Administrator (Form AOC-805) with the Shelby County District Court. Include:
- The original Will (if applicable)
- Certified death certificate
- Filing fee (approximately $150-$200, varies by recording pages)
- List of heirs and beneficiaries (Form AOC-805)
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 Shelby County (typically The Sentinel-News) to alert creditors. This is usually handled by the clerk upon appointment, with costs billed to the estate.
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, appoints the fiduciary and 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 to file claims)
- Inventory and appraise all estate assets within 60 days (Form AOC-841)
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- File a Final Settlement (Form AOC-850 for informal settlement) to close the estate, typically after 6 months to 2 years.
Local Requirements
Shelby County-Specific Procedures
- Filing Location: All probate documents are filed with the Shelby County Circuit Court Clerk at the Judicial Center.
- Bond: A fiduciary bond is generally required unless waived by the will or by all beneficiaries.
- Publication: Notice to creditors must be published in The Sentinel-News. The clerk typically facilitates this upon appointment.
- Inventory: Must be filed in duplicate within 60 days of appointment.
Always check with the Circuit Court Clerk for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Shelby County)
- Petition for Probate: approximately $150-$200 (includes base fee + recording costs)
- Petition to Dispense with Administration: approximately $50-$85
- Recording Fees: $46 for the first 5 pages (Deed/Will/Mortgage), varying for additional pages
- Publication costs: approximately $100-$200 depending on the length of the notice
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (convenience fees may apply).
Estimated Timelines
- Simple estates (Dispense with Admin): 1-2 months
- Average estates: 6-12 months
- Complex or contested estates: 12 months to 2 years or more
Creditors have 6 months from the date of appointment to file claims against the estate.
Local Resources
Shelby County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: Kentucky Legal Aid
- Kentucky Probate Forms: AOC Legal Forms
Legal Aid and Attorney Referrals
- Kentucky Bar Association: (502) 564-3795 — Lawyer Referral Service
- Legal Aid Society (Louisville area): (502) 584-1254 — Provides legal assistance to low-income individuals
- Shelby County Circuit Clerk: (502) 633-1287
Publication
- The Sentinel-News: (502) 633-2526 — Newspaper of general circulation for probate notices