ProbateUS
Probate Court

Floyd County

Kentucky

606-889-1658

Fax

606-889-1666

Court Location & Contact

Address

127 S. Lake Drive, Prestonsburg, KY 41653

Fax

606-889-1666

Visit Official Court Website

Filing Fees

Floyd County, Kentucky

Fee TypeAmount
Petition for Probate$435

Judges & Officers

JR
Johnny Ray Harris

Required Forms

AOC-805 - Petition for Probate
AOC-805.1 - Order Probating Will
AOC-805.2 - Order (no will)
AOC-825 - Fiduciary Bond
AOC-841 - Inventory and Appraisement of Estate
AOC-850 - Informal Settlement of Estate
AOC-846 - Standard Settlement of Estate
AOC–740 Petition to Determine if Disabled
AOC–745 Application for Appointment of Fiduciary for disabled Persons.
AOC–747 Petition/Application for Emergency Appointment of Fiduciary for Disabled Persons
AOC–765 Report of Interdisciplinary Evaluation Team
AOC–777 Verified Petition for the Voluntary Appointment of Guardian or Conservator, Etc
AOC–790 Annual Report of Guardian
AOC–795 Petition for Relief, Modification or Termination
AOC–806 Order Probating Will and Appointing Executor/Executrix
AOC–807 Certificate of Qualification
AOC–820 Petition for Appointment of Trustee Under Will
AOC–830 Petition/Order to Dispense with Administration (Surviving Spouse/Children/Preferred Creditor)
AOC–846 Settlement
AOC–850 Informal Final Settlement: Affidavit, Motion, and Order
AOC–851 Affidavit of Waiver of Formal Settlement
AOC–852 Petition for Appointment of Guardian/Conservator for Minor
AOC–853 Application for Appointment as Guardian/Conservator for Minor
AOC–855 60 Day Inventory or Supplemental Inventory
AOC–856 Periodic/Final Settlement
AOC–858 Petition by Crematory to Authorize Cremation of Decedent and Order
AOC–859 Petition to Prevent Cremation of Decedent
AOC–860 Affidavit for Probate Fee Exemption and Order
Affidavit of Heirship

Probate Guide

Probate in Floyd County, Kentucky

The Floyd County Probate Court handles all matters related to the estates of deceased persons, including the validation of wills, appointment of executors and administrators, and the supervised distribution of assets. If you need to file for probate in Floyd County, KY, this guide covers what you need to know.

What Is Probate?

Probate is the legal process of settling a deceased person's estate. It involves validating the will (if one exists), identifying and inventorying assets, paying debts and taxes, and distributing remaining property to heirs and beneficiaries. In Kentucky, the probate court in each county oversees this process.

When Is Probate Required in Kentucky?

Probate is generally required when:

  • The deceased owned real estate solely in their name

  • The estate contains assets above Kentucky's small estate threshold

  • There are disputes among heirs or creditors

  • Assets are not held in a trust or joint tenancy

Steps to File for Probate in Floyd County

  1. Locate the will (if one exists) and gather the death certificate

  2. File a petition with the Floyd County Probate Court to open probate

  3. Notify heirs and creditors as required by Kentucky law

  4. Inventory the estate — identify all assets, debts, and liabilities

  5. Pay debts and taxes — settle outstanding obligations from estate funds

  6. Distribute remaining assets — according to the will or state intestacy laws

  7. Close the estate — file a final accounting with the court

How Long Does Probate Take?

In Kentucky, probate typically takes 6 to 18 months depending on the complexity of the estate. Simple estates with no disputes may be resolved faster, while contested wills or complex asset distributions can take longer.

Do You Need a Probate Attorney?

While Kentucky does not always require an attorney for probate, it is strongly recommended, especially for estates with significant assets, real estate, business interests, or potential disputes. A local probate attorney familiar with Floyd County Probate Court procedures can help navigate the process efficiently.

Resources

For more information about the probate process, visit the Floyd County Probate Court directly or consult with a local probate attorney. You can also explore tools like EverSettled for step-by-step estate settlement guidance.

Additional Notes

Wills must be admitted for probate in the District Court of the County and an order issued probating the will by the District Court Judge. Once the will is probated it must be recorded in the County Clerk's office along with the order appointing administrator or executor of the estate. The County Clerk shall retain the original copy of the will permanently.

Office Hours

Monday-Friday8:00 AM - 4:30 PM

FAQ

Where do I file for probate in Floyd County, KY?

Probate petitions for estates in Floyd County are filed at the Floyd County Probate Court. Contact the court directly for filing instructions and office hours.

How much does probate cost in Floyd County?

Probate filing fees in Floyd County, Kentucky vary based on the estate value and type of petition. Contact the probate court clerk for the current fee schedule.

How long does probate take in Kentucky?

Probate in Kentucky typically takes 6 to 18 months. Timeline depends on estate complexity, creditor claims, and whether the will is contested.

Can I avoid probate?

Assets held in trusts, joint tenancy, or with designated beneficiaries (like life insurance and retirement accounts) can pass outside of probate. Consult with an estate planning attorney for strategies specific to your situation.

Do I need a lawyer for probate in Floyd County?

While not always legally required in Kentucky, a probate attorney is recommended for most estates, especially those involving real estate, business interests, or potential disputes among heirs.

What happens if someone dies without a will?

When someone dies intestate (without a will) in Kentucky, their assets are distributed according to state intestacy laws. The Floyd County Probate Court will appoint an administrator to manage the estate.

Probate Attorneys

ACTEC Fellows in Kentucky

Bruce Dudley

Wyatt, Tarrant & Combs LLP

Louisville

David Clark Jones

Dave Jones Law

Corbin

Estate PlanningTrust & Probate Law

Douglas (Doug) Bozell

Douglas A. Bozell PLLC

Louisville

Business PlanningGeneral Trust & Estate+1

Edward (Ed) Buechel

Buechel & Conley, PLLC

Edgewood

General Trust & EstateTestamentary Planning+1

Elizabeth Marie Link

Ctr for Conflict Resolution & Leadership

Lexington

Estate PlanningTrust & Probate Law
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