Downtown Frankfort law office serving Franklin, Anderson, Woodford, Scott, Bourbon, Owen, Shelby, and Fayette counties. Attorney Jason Apollo Hart represents executors during probate, attends the court hearings, and drafts wills, living wills, trusts, and powers of attorney. Consultations are free.
What to Do When Someone Dies in Fayette County, Kentucky
How probate works in Fayette County: the District Court record, what the process costs, and how to file there.
Probate Court Record
Fayette County District Court
Fayette County · 22nd Judicial District
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
150 North Limestone, Suite D-112, Lexington, KY 40507
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.
Fax
1-859-246-2512
Departments
- Mental Health Division1-859-246-2236 · 150 North Limestone, Suite D-466Takes petitions for emergency or permanent guardianship of an adult who can no longer manage personal affairs or finances.
- District Civil Division1-859-246-2240 · 150 North Limestone, 1st Floor
- Circuit Court Clerk1-859-246-2141
About the court
- The Probate Division is in the Robert F. Stephens District Courthouse, 150 N. Limestone, Suite D-112. It handles wills, the appointment of executors and administrators, estate settlements, guardianship of minors under 17, trusts, curatorships and name changes.
Verified October 15, 2026 · Source
How Probate Works in Fayette 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 Fayette County, probate runs through the District Court at 150 North Limestone, Suite D-112, Lexington. The court sits in the 22nd Judicial District.
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 Fayette County
What probate costs in Fayette 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 150 North Limestone, Suite D-112, Lexington. The court is part of the 22nd 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 Fayette County, Kentucky are filed at the District Court. The court sits in the 22nd Judicial District.
Beside the filing office, the court lists separate lines for Mental Health Division, District Civil Division, and 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 Fayette 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 Fayette County
In Fayette 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
Fayette 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
Fayette County · Fayette County Coroner
Phone
Hours
Monday-Thursday 7:00 AM-4:45 PM; Friday 7:00 AM-4:00 PM
Office
247 East Second Street, Lexington, KY 40507
Website
Cremation authorization
Signed by this office
Mail and offices
Fax
1-859-455-5711
Verified November 2, 2026 · Source
Transferring Property in Fayette 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 Fayette County are recorded with the County Clerk at 162 East Main Street, Room 132, Lexington, KY 40507. Phone: 1-859-253-3344. Hours: Monday-Friday 8:00 AM-4:30 PM (recordings accepted until 4:00 PM).
The County Clerk charges $46 for the first 5 pages plus $3 for each page beyond 5.
Fayette County accepts electronic recording through CSC, ePN, Simplifile and Hopdox.
Recording Office Record
County Clerk
Fayette County
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM (recordings accepted until 4:00 PM)
Office
162 East Main Street, Room 132, Lexington, KY 40507
Website
E-recording
available via CSC, ePN, Simplifile and Hopdox
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 Fayette County
Kentucky uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Fayette 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 Fayette 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.
Downtown Lexington elder law firm in Fayette County. Its attorneys guide personal representatives through probate and estate settlement, from the petition through the inventory, creditor payments, and final settlement, and handle guardianship and conservatorship cases. For select clients with no family member to serve, the firm acts as executor or trustee.
Lexington office opened by Peter Brackney in 2015, taking probate cases in Fayette, Franklin, Scott, Bourbon, Woodford, Jessamine, Mercer, Garrard, Boyle and Lincoln counties. He gets the will admitted, has a personal representative appointed and advises on duties to the court and tax authorities. Each matter starts with a free evaluation by phone or video.
Lexington firm established in 1976, serving Lexington, Frankfort, Georgetown, Nicholasville, Richmond and Versailles. Its attorneys open estates, handle inventories, creditor claims, tax filings and court settlements, and represent parties in will contests and contested trust matters. Most small-estate petitions to dispense with administration are a flat fee.
A Versailles practice serving Woodford, Fayette and Madison counties and courts across Central Kentucky. Whitney Dunlap III guides executors and beneficiaries from the petition to probate the will through claims against the estate, tax returns, deeding real estate and closing the estate, and represents clients in will contests. He brings over thirty years of litigation experience.
Lexington law office on Porter Place, handling probate in Fayette District Court. Attorney Dustin C. Beard supports executors and administrators from the petition through asset collection, creditor claims, and the final settlement, and represents families when undue influence or a contested will is raised. He also prepares wills, trusts, and special needs trusts. Consultations are free.
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
- Fayette County District Court, official page
- Fayette County Clerk, official page
- Fayette 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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