Overview
Union County is located in Kentucky with a population of approximately 13,668. The Union 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 and Appointment of Executor (Form AOC-805) or Petition for 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.
Kentucky offers a simplified process for small estates 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 (or the amount of preferred debts), and allows assets to be distributed without full probate administration.
Kentucky law sets a maximum fee schedule for attorneys and executors, typically based on a percentage of the estate's value (often 5% for executors), though this can be subject to court approval.
This guide provides an informational overview of the Union 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
Union County District Court
Probate matters in Union County are handled at the Union County Courthouse Annex.
Address: 121 S Morgan St, Morganfield, KY 42437
Phone: (270) 389-0800 (District Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Union County Circuit Court Clerk serves as the clerk for the District Court probate division. Filings are typically made at the Circuit Court Clerk's office within the courthouse.
Parking and Access
Street parking is generally available around the courthouse square in Morganfield. Visitors should be prepared for security screening upon entering the building.
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 amount of preferred debts like funeral expenses), you may file Form AOC-830 to transfer assets without full administration.
- Survivorship Assets: Assets held in joint tenancy with rights 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 (Form AOC-805) with the Union County District Court. Include:
- The original Petition (signed and notarized)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically around $40-$60)
- List of heirs and beneficiaries with addresses
E-filing may be available for attorneys through the Kentucky Court of Justice eFiling system, but pro se litigants typically 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 Union County (e.g., The Union County Advocate) to alert creditors. The clerk often handles the arrangement of this notice upon 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 (Kentucky has a 6-month creditor claim period)
- Inventory and appraise all estate assets within 60 days (Form AOC-841)
- Pay valid creditor claims and estate taxes
- Distribute assets to beneficiaries
- File a Final Settlement (Form AOC-846) to close the estate (informal settlement is possible if all beneficiaries agree)
Local Requirements
Union County-Specific Procedures
- Filing Office: All probate documents are filed with the Union County Circuit Court Clerk's office.
- Bond Requirements: A fiduciary bond is generally required unless the will waives it or all beneficiaries waive the requirement and the court approves.
- Local Forms: While state AOC forms are standard, check with the clerk for any specific local cover sheets or affidavits.
- Publication: Notice of the appointment of the fiduciary must be published in The Union County Advocate.
Always call the clerk's office at (270) 389-0800 to verify the current filing fee and number of copies required before visiting.
Timeline & Fees
Filing Fees (Union County)
- Petition for Probate (AOC-805): approximately $40-$60
- Petition to Dispense with Administration (AOC-830): approximately $40-$50
- Recording Fees: Fees may vary based on the number of pages recorded
- Publication costs: approximately $30-$50 depending on the length of the notice
- Certified copies of Letters: approximately $5 per copy
Kentucky statutes generally allow executors a fee not to exceed 5% of the value of the personal estate 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: 6-12 months (due to 6-month creditor period)
- Complex or contested estates: 12 months to 2 years
The 6-month creditor claim period begins after the appointment of the personal representative.
Local Resources
Union 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
- Kentucky Legal Aid: (270) 782-1924 — Civil legal assistance for low-income residents
Publication
- The Union County Advocate: (270) 389-1933 — Newspaper of general circulation for legal notices