An elder-law firm with offices in Richmond (Madison County) and London (Laurel County), serving Central and Southeastern Kentucky. Its attorneys administer estates in District Court, including small-estate affidavits, intestate estates and farmland or mineral-rights transfers, and handle will contests and breach of fiduciary duty claims. Owner Scott Collins is a U.S. Army veteran.
What to Do When Someone Dies in Breathitt County, Kentucky
How probate works in Breathitt County: the District Court record, what the process costs, and how to file there.
Probate Court Record
Breathitt County District Court
Breathitt County · 39th Judicial District
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
1131 Main Street, Jackson, KY 41339
Website
E-filing
Self-represented filing
Allowed
Self-help forms
E-filing
Required for attorneysAttorneys must e-file probate, guardianship and conservatorship cases through KYeCourts. A self-represented filer files on paper at the circuit court clerk's office. On paper: Self-represented filers file on paper at the circuit court clerk's office; KYeCourts takes their e-filings in small claims cases only; An attorney not yet certified for e-filing may file on paper with AOC Form 108, Affidavit of Necessity, to meet a jurisdictional deadline.
Self-represented filing
AllowedThe Kentucky Court of Justice Self-Help Portal prepares the Petition for Probate of Estate and the Petition to Dispense with Administration. Print the completed form and file it with the circuit court clerk in the county where the estate is handled.
Accepted payment
- At the counterCash, Check, Money order.Attorney checks are accepted for new case filings.
Fax
1-606-666-4893
Departments
- Circuit Court Clerk1-606-666-4342
About the court
- Located at Breathitt County Justice Center. Ramp in parking lot; designated disability parking.
Verified October 15, 2026 · Source
How Probate Works in Breathitt County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Breathitt County, probate runs through the District Court at 1131 Main Street, Jackson. The court sits in the 39th Judicial District. Breathitt County shares the 39th Judicial District with Powell and Wolfe.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Kentucky intestacy law when there is no will.
Most Kentucky estates take 12 months to 18 months to move through this process. Creditors have 6 monthsKRS 396.011, 396.015, 396.055, 396.095, 424.340Verified Oct 18, 2026View source to present a claim, counted from the opening of the estate.
What Probate Costs in Breathitt County
What probate costs in Breathitt County, Kentucky comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the District Court at 1131 Main Street, Jackson. The court is part of the 39th Judicial District.
Kentucky's District Court probate filing fee is $50, with a $10 access-to-justice fee, a $20 court technology fee and, in most counties, a $10 court facilities fee, about $90 in total. The fee does not vary with estate size. Recording the admitted will with the county clerk is a separate $33KRS 24A.170(1); CR 3.03(1)(c) and (1)(m) as amended by Sup. Ct. Order 2026-15 (eff. 2026-07-01); KRS 27A.630(1); KRS 24A.185(2); AOC Circuit Court Clerks' Accounting ManualVerified Oct 17, 2026View source. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in Kentucky are negotiated, typically 1.5%Modeled estimate under Reasonable compensation; no probate-specific attorney fee statute (SCR 3.130-1.5(a) general rule): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.4%Modeled estimate under Reasonable compensation; no probate-specific attorney fee statute (SCR 3.130-1.5(a) general rule): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Kentucky allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules payKRS 395.150(1) (not more than 5% of the personal estate plus 5% of income; real property excluded); KRS 395.150(2) (additional compensation for extraordinary services)Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Kentucky requires publishing notice to creditors in a local newspaper, and the estate pays for it.
Probate in Kentucky typically runs 12 months to 18 months, and costs accrue throughout that period.
How to File Probate at the District Court
Probate cases in Breathitt County, Kentucky are filed at the District Court. The court sits in the 39th Judicial District.
Beside the filing office, the court lists a separate line for Circuit Court Clerk.
Can You File Without an Attorney?
In Kentucky, informal probate is not availableKRS 395.015; KRS 395.016 (District Court appointment on sworn application; no non-judicial registrar track)Verified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.
For a full cost comparison and filing checklist, see the Breathitt County Self-Filing Assessment.
What to Bring
Filed with the opening petition at the District Court: Certified copy of the death certificate — commonly requested by the Circuit Court Clerk at intake, but NOT required by KRS 395.015, KRS 394.145 or the AOC-805 form itself; confirm with the county Circuit Court Clerk; Original will and any codicils, presented to the District Court for probate and recorded by the county clerk (KRS 394.140; KRS 394.300); Written application/petition under oath listing the surviving spouse and heirs-at-law (AOC-805), filed in duplicate (KRS 395.015)KRS 395.015 (application for appointment; general financial disclosure statement, as amended by 2026 Ky. Acts ch. 134 eff. 7/15/2026); KRS 395.105 (letters of appointment; when appointment effective); KRS 395.110 (copy of order effectual as letters); KRS 395.120 (oaths/declaration); KRS 394.140-394.145 (probate of will; combined application)Verified Aug 24, 2026View source.
Death Certificates and the Coroner in Breathitt County
In Breathitt County certified copies of the death certificate come from Kentucky Cabinet for Health and Family Services - Office of Vital Statistics; the Local Health Department files the certificate and issues no copies to the public.
Vital Records Office Record
Kentucky Cabinet for Health and Family Services - Office of Vital Statistics
Breathitt County · State vital records office
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM ET (except state holidays)
Office
275 East Main Street, Frankfort, KY 40621
Website
Certified copies
From Kentucky Cabinet for Health and Family Services - Office of Vital Statistics; the Local Health Department files the certificate and issues no copies to the public
Vital Statistics
275 East Main Street 1E-A
Frankfort, KY 40621
Certified copy fees
| First certified copy | $6 |
Verified October 15, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Breathitt County · Breathitt County Coroner
Phone
Verified November 2, 2026 · Source
Transferring Property in Breathitt County
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Clerk.
Deeds and other real property documents for Breathitt County are recorded with the County Clerk at 1137 Main Street, Jackson, KY 41339. Phone: 1-606-666-3800. Hours: Monday, Tuesday, Thursday, Friday 8:00 AM-4:00 PM; Wednesday 8:00 AM-noon.
The County Clerk charges $46 for the first 5 pages plus $3 for each page beyond 5.
Breathitt County accepts electronic recording through Hopdox, CSC, Simplifile and ePN.
Recording Office Record
County Clerk
Breathitt County
Phone
Hours
Monday, Tuesday, Thursday, Friday 8:00 AM-4:00 PM; Wednesday 8:00 AM-noon
Office
1137 Main Street, Jackson, KY 41339
Website
E-recording
available via Hopdox, CSC, Simplifile and ePN
Fees
Recording fees
| Base fee (first 5 pages) | $46 |
| Each page beyond 5 | $3 |
| Legal Process TaxRequired with most deeds | $4 |
KRS 64.012(1)(a), KRS 64.012(3)(a), KRS 142.010(1)(d), KRS 142.050
Verified October 16, 2026 · Source
Forms that put a death on the title
- Free forms: Affidavit of Heirship Form
Probate Attorneys Serving Breathitt County
Kentucky uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Breathitt County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.
Probate attorney fees in Kentucky are based on reasonable compensation, billed hourly or as a flat fee. Ask a Breathitt County firm to quote a structure up front.
A probate attorney files the petition with the District Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
A Richmond firm serving Madison County and central and eastern Kentucky since 1969, with a second office in Beattyville. Its attorneys handle probate and estate administration, including the inventory, property appraisals, identifying heirs and beneficiaries, paying debts, state and federal tax returns and distributing assets. The firm also drafts and amends wills and living wills.
Pineville firm with offices in Bell, Harlan and Letcher counties, in Pineville, Harlan and Whitesburg. It prepares estate plans and handles trust setup and management, coordinating what happens to a home, investments, a business, life insurance and retirement benefits at disability or death. Its four attorneys also handle family law, real property and personal injury matters.
Owensboro firm founded in 1994 that handles probate statewide from offices in Owensboro, Lexington and Louisville. Its attorneys guide executors and administrators through probate, carry out trust administration tasks, and resolve will contests over undue influence, capacity or unclear language. The firm reports handling well over 500 probate cases.
Louisville elder law firm founded in 2002, with offices in Louisville, Bowling Green and Shepherdsville and clients in Kentucky and Indiana. Its attorneys guide families through probate and estate administration, Medicaid estate recovery and guardianship, alongside Medicaid, VA benefits and long-term care planning.
Lexington firm with offices in Louisville and Frankfort, handling estate matters across Kentucky. The estate group administers estates through probate, advises trust companies administering or resigning as trustee, and litigates will contests, beneficiary disputes and breach-of-fiduciary-duty claims against personal representatives and trustees.
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Legal Sources
(9)·
- KRS 24A.170(1); CR 3.03(1)(c) and (1)(m) as amended by Sup. Ct. Order 2026-15 (eff. 2026-07-01); KRS 27A.630(1); KRS 24A.185(2); AOC Circuit Court Clerks' Accounting Manual
- KRS 395.015 (application for appointment; general financial disclosure statement, as amended by 2026 Ky. Acts ch. 134 eff. 7/15/2026); KRS 395.105 (letters of appointment; when appointment effective); KRS 395.110 (copy of order effectual as letters); KRS 395.120 (oaths/declaration); KRS 394.140-394.145 (probate of will; combined application)
- KRS 395.015; KRS 395.016 (District Court appointment on sworn application; no non-judicial registrar track)
- KRS 395.150(1) (not more than 5% of the personal estate plus 5% of income; real property excluded); KRS 395.150(2) (additional compensation for extraordinary services)
- KRS 396.011, 396.015, 396.055, 396.095, 424.340
- KRS 64.012(1)(a), KRS 64.012(3)(a), KRS 142.010(1)(d), KRS 142.050
- Breathitt County District Court, official page
- Breathitt County Clerk, official page
- Breathitt County vital records and death investigation offices, official page
Data sourced from Kentucky statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in Kentucky
Free tools for settling an estate in Kentucky: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Kentucky.
How Do I Settle an Estate?
Settling an estate in Kentucky: the personal representative files the estate inventory within 90 daysKRS 395.250Verified Sep 15, 2026View source of appointment; creditors have 6 monthsKRS 396.011, 396.015, 396.055, 396.095, 424.340Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 12 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in Kentucky happens outside court: the trustee acts under the state's Uniform Trust CodeKRS 386B.1-010 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 60 daysKRS 386B.8-130Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
In Kentucky, informal probate is not availableKRS 395.015; KRS 395.016 (District Court appointment on sworn application; no non-judicial registrar track)Verified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.
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