Probate in Marshall County runs through the District Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Marshall County, settling their estate runs through the District Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Marshall County · 42nd Judicial Circuit
Address
Phone
Fax
Hours
Accepted paymentCash, Check, Money order, Credit card, Debit card. Pay online via ePay. Cashier's and personal checks accepted. Credit/debit cards incur a fee.
Departments
Located at Marshall County Judicial Building.
Verified July 3, 2026 · Source
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 Marshall County, probate runs through the District Court at 80 Judicial Drive, Unit 101, Benton. The court sits in the 42nd Judicial Circuit. The same 42nd Judicial Circuit also serves Calloway.
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. The 6 monthsKRS 396.011Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What probate costs in Marshall 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 80 Judicial Drive, Unit 101, Benton. The court is part of the 42nd Judicial Circuit.
Probate matters are handled through Circuit Court and District Court. Filing and payment go through these offices, not the main clerk window.
Kentucky charges $90KRS 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 Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
The District Court accepts e-filing (https://www.kycourts.gov/AOC/Information-and-Technology/Pages/File_Serve(eFiling).aspx). Paper filing remains available for self-represented filers.
Estimate the costs for this estate:
Attorney fees in Kentucky are negotiated, typically 1.5%Reasonable compensation; no probate-specific attorney fee statute (SCR 3.130-1.5(a) general rule)Verified Sep 8, 2026View source to 2.4%Reasonable compensation; no probate-specific attorney fee statute (SCR 3.130-1.5(a) general rule)Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of estate value. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Kentucky requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
Probate in Kentucky typically runs 12 months to 18 months, and costs accrue throughout that period.
Probate documents in Marshall County can be filed in person at the District Court, by mail, or electronically. Most families handling probate themselves prefer paper filing, though e-filing is available. The court sits in the 42nd Judicial Circuit.
Filings here are routed through Circuit Court and District Court. Confirm with the office which intake handles the petition type you're filing.
How to File Your Documents
You can file your probate documents in person at the court or by mail.
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
View E-Filing InformationNot every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the District Court is realistic.
For a full cost comparison and filing checklist, see the Marshall County Self-Filing Assessment.
Before You Go
Cash, Check, Money order, Credit card, Debit card. Pay online via ePay. Cashier's and personal checks accepted. Credit/debit cards incur a fee.
To file at the District Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
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 Marshall County are recorded with the County Clerk at 1101 Main St., Benton, KY 42025. Phone: 270-527-4740. Hours: Mon-Fri 8:00 AM-4:30 PM.
The County Clerk charges $46 for the first 5 pages plus $3 for each page beyond 5.
Marshall County accepts electronic recording through Simplifile.
Recording Office Record
Marshall County
Address
Phone
Hours
E-recording
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 September 4, 2026 · Source
Kentucky uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Marshall 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 — typically 1.5%Reasonable compensation; no probate-specific attorney fee statute (SCR 3.130-1.5(a) general rule)Verified Sep 8, 2026View source to 2.4%Reasonable compensation; no probate-specific attorney fee statute (SCR 3.130-1.5(a) general rule)Verified Sep 8, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Marshall 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.
FirmPaducah, KY
Founded in 1979, Denton Law Firm is a full-service Paducah firm with 9 attorneys. Holly Homra leads the estate planning and probate practice, and J. Ronald Jackson (MBA, CPA) handles wills, trusts, and tax planning. The firm serves McCracken County and western Kentucky.
PracticesEstate PlanningTrust AdministrationTax PlanningProbate AdministrationWills Trusts
Solo PracticeBenton, KY
Donald E. Thomas has over 30 years of legal experience, including service as a former county attorney and district judge, providing probate and estate planning services in Benton, Marshall County, and throughout western Kentucky.
PracticesEstate PlanningProbate Administration
FirmMurray, KY
Calloway County native Greg Taylor has practiced law since 2003, providing estate planning, probate, elder law, and real estate services across western Kentucky from offices in Murray, Mayfield, and Clinton.
PracticesEstate PlanningElder LawProbate AdministrationReal EstateWills Trusts
FirmPaducah, KY
Grumley Riley & Stewart prepares customized estate plans including Wills, Trusts, Powers of Attorney, and Living Will Directives, and advises Executors, Administrators, Trustees, and beneficiaries throughout western Kentucky.
PracticesEstate PlanningTrust AdministrationProbate AdministrationWills Trusts
Solo PracticePaducah, KY
Heather Jones helps clients facing divorce, adoptions, custody, child support and estate planning situations in Western Kentucky and surrounding regions.
PracticesEstate PlanningProbate AdministrationWills Trusts
FirmPaducah, KY
The largest law firm in western Kentucky, located in downtown Paducah, with over 170 years of combined experience focusing on personal injury law, estate planning, real estate, and business & corporate law.
PracticesEstate PlanningProbate LitigationProbate AdministrationReal Estate
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.
Data sourced from Kentucky statutes and official state code. How we research.
Each institution has a separate death claim process. Find yours below.
Get a complete guide for your specific circumstances.
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Living trust assets, and accounts with a named beneficiary or surviving joint owner. These skip probate; some states charge the court fee only on what remains.
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Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
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Cost comparison vs. hiring an attorney
This tool provides general information about self-filing probate and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.
Step-by-step tools for families in Marshall County, Kentucky.
Get a personalized plan for settling an estate after someone passes away. Covers trust administration, probate, and intestate estates.
Get a personalized plan for settling a trust after the grantor passes away. Covers beneficiary notification, asset transfers, creditor handling, taxes, and distributions.
Get a score-based recommendation on whether self-filing probate is right for your situation. See estimated savings vs. hiring an attorney and get a step-by-step checklist.
Browse vetted Kentucky attorneys handling probate matters.
