Overview
Todd County is located in Kentucky with a population of approximately 12,757. The Todd 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 KRS Chapters 394-395. The process begins with filing a Petition for Probate of Will (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 for small estates known as a Petition to Dispense with Administration (AOC-830). This is available if the personal estate is valued at $30,000 or less, or if the assets are exempt for a surviving spouse or children (up to $30,000).
Executors and administrators in Kentucky are entitled to a fee not to exceed 5% of the value of the personal estate plus 5% of the income collected (KRS 395.150).
This guide provides an informational overview of the Todd 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
Todd County District Court
Probate matters in Todd County are handled at the Todd County Justice Center.
Address: 204 West Main Street, Elkton, KY 42220
Phone: (270) 265-5631 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Circuit Court Clerk's office serves as the filing location for probate documents. The Justice Center is located near the historic public square in Elkton.
Parking and Access
Public parking is available at the Justice Center and around the Public Square. The building is ADA accessible.
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 typically $30,000 for surviving spouse/children exemption), you may file Form AOC-830 to skip full probate.
- Joint Survivorship: 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 (AOC-805) with the Todd County District Court. Include:
- Completed Form AOC-805
- Original Last Will and Testament (if applicable)
- Copy of the Death Certificate
- Filing fee (approx. $100-$125)
- List of heirs and next of kin
Kentucky offers eFiling (KYeCourts) for attorneys, but pro se litigants typically file in person.
Step 3: Provide Notice
After filing, you must provide notice to all heirs, beneficiaries, and interested parties. Notice is typically handled via waiver or formal service prior to appointment. The clerk handles creditor notice publication in a newspaper of general circulation in Todd County.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 to 4 weeks after filing. 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 — the clerk publishes notice; claims must be filed within 6 months.
- Inventory and appraise all estate assets within 60 days (KRS 395.250)
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Todd County-Specific Procedures
- Fiduciary Bond: A bond is generally required unless waived by the will or by all beneficiaries (AOC-825).
- Self-Help Forms: The Kentucky Court of Justice provides standard probate forms (AOC series) online.
- Settlement: A final settlement (AOC-846) must be filed after the 6-month creditor period expires.
- Publication: Notice must be published in a newspaper of general circulation in Todd County for once (typically handled by the clerk).
Check with the Todd County Circuit Court Clerk for specific local rules regarding hearing schedules.
Timeline & Fees
Filing Fees (Todd County)
- Petition for Probate: approximately $103.50 (testate) / $95.50 (intestate)
- Recording Fee: approximately $10-$20
- Certified copies of Letters: approximately $5 per certified copy
- Publication costs: approximately $50-$100 depending on the newspaper
- Bond fee (varies by asset value)
Executor fees are capped at 5% of personal estate value plus 5% of income (KRS 395.150).
Payment Methods
The court accepts cash, local check, or money order. No checks are accepted for bond. Credit card payments typically carry a processing fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
The mandatory 6-month creditor claim period sets the minimum timeline.
Local Resources
Todd County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: Kentucky Probate Guide
- 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 — Serves Todd and surrounding counties
- State Bar Lawyer Referral: kybar.org
Publication
- Todd County Standard: (270) 265-2424 — Newspaper of general circulation
- Kentucky New Era: (270) 886-4444 — Regional coverage