Overview
Spencer County is located in Kentucky with a population of approximately 20,800. The Spencer 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 and 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 known as a Petition to Dispense with Administration (Form AOC-830). This is available if the estate's personal property is valued at $30,000 or less and there is a surviving spouse, surviving children, or preferred creditors. This process allows assets to be transferred without full probate administration.
Kentucky law sets a maximum fee for attorneys and executors, generally capped at 5% of the value of the personal estate plus 5% of the income collected, though the court may allow additional compensation for extraordinary services.
This guide provides an informational overview of the Spencer 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
Spencer County Circuit Court Clerk
Probate matters in Spencer County are handled at the Spencer County Courthouse.
Address: 27 E. Main St., Taylorsville, KY 40071 (Mailing: P.O. Box 282)
Phone: (502) 477-3220 (Probate Division)
Hours: Monday through Friday, 7:30 AM to 4:00 PM (Closed noon–1 p.m.)
The Circuit Court Clerk's office is responsible for maintaining probate records. The office is located in the main courthouse in downtown Taylorsville.
Parking and Access
Street parking is available around the courthouse square on Main Street. The building is accessible to the public during business hours, with security screening at the entrance.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Petition to Dispense with Administration: If the personal estate is valued at $30,000 or less and passes to a surviving spouse or children, you may file Form AOC-830 to avoid full probate.
- 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 and Appointment of Executor (Form AOC-805) with the Spencer County District Court. Include:
- The completed petition form
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically around $83.50)
- List of heirs and beneficiaries with addresses
E-filing is generally available for attorneys, but pro se litigants often file in person or by mail.
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 Spencer County (typically The Spencer Magnet) to notify 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. In many uncontested cases, the hearing may be waived or is a formality.
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
- Pay valid creditor claims and estate expenses
- File Kentucky inheritance tax returns if applicable
- Distribute assets to beneficiaries
- File a Final Settlement (Form AOC-850 for informal settlement) to close the estate
Local Requirements
Spencer County-Specific Procedures
- Fiduciary Bond: The court typically requires a fiduciary bond unless the will explicitly waives it or all beneficiaries agree to waive it.
- Inventory: A duplicate inventory must be filed with the Kentucky Department of Revenue.
- Publication: Notice to creditors must be published in The Spencer Magnet. The clerk often assists with facilitating this upon appointment.
Always check with the Spencer County Circuit Court Clerk for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Spencer County)
- Petition for Probate: approximately $83.50
- Petition to Dispense with Administration: approximately $53.50
- Certified copies of Letters: approximately $5.00 per certified copy
- Publication costs: approximately $100-$200 depending on the length of the notice
- Recording fees: vary by document length
Kentucky law allows executors and attorneys reasonable compensation, typically not exceeding 5% of the personal estate value plus 5% of the income collected.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a processing fee).
Estimated Timelines
- Simple estates (Dispense with Administration): 1-2 months
- Average estates: 6-9 months (due to the 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 probate administration.
Local Resources
Spencer County Court Resources
- Court Website: kycourts.gov
- 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 assistance to low-income residents
- Kentucky Court of Justice: kycourts.gov
Publication
- The Spencer Magnet: (502) 477-2239 — Newspaper of general circulation for legal notices