What to Do When Someone Dies in Montgomery County, Kentucky
Probate in Montgomery 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 Montgomery 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
District Court
Montgomery County · 21st Judicial Circuit
Address
One Court St.Mt. Sterling, KY 40353Mailing: P.O. Box 327, Mt. Sterling, KY 40353
Phone
Fax
859-498-9341
Hours
Monday - Friday, 8:00 AM - 4:00 PM
Paper filing availableE-filing optional
Accepted paymentCash, Check, Money order, Credit card, Debit card. Pay online via ePay. Checks held 10 days to clear. Credit/debit cards incur a fee.
Departments
- Clerk (alt)859-498-5991
Located at Montgomery County Courthouse.
Verified July 3, 2026 · Source
How Probate Works in Montgomery 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 Montgomery County, probate runs through the District Court at One Court St., Mt. Sterling. The court sits in the 21st Judicial Circuit. Montgomery County shares the 21st Judicial Circuit with Bath, Menifee and Rowan.
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 monthsKRS 391.030 (small estate exemption)Verified Jul 14, 2026View source to 18 monthsKRS 391.030 (small estate exemption)Verified Jul 14, 2026View source to move through this process. The 6 monthsKRS 396.011Verified Jul 14, 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 Montgomery County
What probate costs in Montgomery 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 One Court St., Mt. Sterling. The court is part of the 21st Judicial Circuit.
Probate matters are handled through the Clerk (alt). Filing and payment go through these offices, not the main clerk window.
Local procedures at this court: Circuit motions due one week before motion day; replies due within 20 days; Personal checks held 10 days before processing. These are county-specific and not posted on the statewide court site.
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 Jul 14, 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 Jul 14, 2026View source to 2.4%Reasonable compensation; no probate-specific attorney fee statute (SCR 3.130-1.5(a) general rule)Verified Jul 14, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation runs 2%KRS 395.150(1) (compensation may not exceed 5% of personal estate plus 5% of income; real property excluded from base); KRS 395.150(2) (court may allow additional compensation for unusual or extraordinary services). Calculator estimates effective compensation on the gross estate at 2–5%; the 5% statutory rate is not applied directly because real property is excluded from the statutory base.Verified Jul 14, 2026View source to 5%KRS 395.150(1) (compensation may not exceed 5% of personal estate plus 5% of income; real property excluded from base); KRS 395.150(2) (court may allow additional compensation for unusual or extraordinary services). Calculator estimates effective compensation on the gross estate at 2–5%; the 5% statutory rate is not applied directly because real property is excluded from the statutory base.Verified Jul 14, 2026View source of estate value, based on reasonable pay for time and effort. 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 monthsKRS 391.030 (small estate exemption)Verified Jul 14, 2026View source to 18 monthsKRS 391.030 (small estate exemption)Verified Jul 14, 2026View source, and costs accrue throughout. The 6 monthsKRS 396.011Verified Jul 14, 2026View source creditor claim window is the single biggest driver of that timeline — a mandatory wait regardless of estate complexity.
How to File Probate at the District Court
Probate documents in Montgomery 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 21st Judicial Circuit.
Filings here are routed through the Clerk (alt). Confirm with the office which intake handles the petition type you're filing.
How to File Your Documents
Paper Filing Available
You can file your probate documents in person at the court or by mail.
E-Filing Also Available
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 InformationCan You File Without an Attorney?
Not 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 Montgomery County Self-Filing Assessment.
Montgomery County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Circuit motions due one week before motion day; replies due within 20 days
Circuit court motions require filing one week before motion day with service on defendant and judge. Motion replies required within 20 days. Montgomery County operates an ELP program governed by local rules CR 88, 89 & 90. Standard visitation schedules available upon request.
SourceBefore You Go
Accepted payment
Cash, Check, Money order, Credit card, Debit card. Pay online via ePay. Checks held 10 days to clear. Credit/debit cards incur a fee.
Hearing schedule
District Civil/Traffic/Arraignments: Monday & Thursday at 9:00 AM. Juvenile: Wednesday at 9:00 AM. Domestic Violence: Monday at 1:30 PM. Small Claims: 1st Friday at 9:00 AM. Probate petitions: Wednesday & Thursday at 8:30 AM. Motion for Probates: 4th Wednesday at 2:30 PM.
What to Bring
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.
Transferring Property in Montgomery County
Clearing title to real estate after a death—recording a personal representative’s deed, an affidavit of survivorship, or a court order—happens at the County Clerk.
Recording Office Record
County Clerk
Montgomery County
Address
1 Court St., Suite 2Mt. Sterling, KY 40353
Phone
Hours
Mon-Thu 8:15 AM-4:00 PM; Fri 8:00 AM-5:00 PM
E-recording
Available via Simplifile, CSC, ePN, Hopdox, Indecomm
Recording fees
| Base fee (first 5 pages) | $33 |
| Each page beyond 5 | $3 |
| Legal Process TaxRequiredEach conveyance of real propertyKRS 142.010(1)(d) — $4.00 on each conveyance of real property, collected by the county clerk as a prerequisite to the original filing of the instrument. | $4 |
Base fee of $33.00 covers a deed of up to 5 pages; each additional page beyond 5 is $3.00, and each additional reference to the same instrument is $4.00 (KRS 64.012(1)(a)1). A $4.00 legal process tax (KRS 142.010(1)(d)) applies to each conveyance of real property. Transfer tax of $0.50 per $500 of declared value is collected at recording (KRS 142.050).
KRS 64.012(1)(a), KRS 142.010(1)(d), KRS 142.050
Transfer tax
Real estate transfer tax: $0.50 per $500 of value, or fraction thereof, imposed on the grantor named in the deed (KRS 142.050(2)).. Value for a gift or nominal-consideration deed is the estimated open-market price (KRS 142.050(1)(b)2), not zero. The clerk collects the tax before accepting the deed for recordation, retains 5% as a collection fee, and remits the balance to the county treasurer (KRS 142.050(3)-(4)).
Verified July 13, 2026 · Source
Probate Attorneys Serving Montgomery County
Kentucky uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Montgomery 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 Jul 14, 2026View source to 2.4%Reasonable compensation; no probate-specific attorney fee statute (SCR 3.130-1.5(a) general rule)Verified Jul 14, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Montgomery 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.
Gateway Area Development District Firms
Dehner & Ellis, PLLC
FirmMorehead firm with over 50 years of service to Rowan County and the Gateway region, offering estate planning, wills, trusts, probate administration, and civil litigation services.
Location
206 E Main StMorehead, KY 40351
Phone
(606) 783-1504
Established
1972
Service Area
5 counties
Estate PlanningWills TrustsProbate AdministrationCivil Litigation
Visit site
White Peck Carrington, LLP
FirmWhite Peck Carrington has the oldest and most experienced estate planning, probate, and elder law practice in Mt. Sterling. Established in 1862 and practicing at their Broadway address since 1931, the firm serves central and eastern Kentucky communities.
Location
26 BroadwayMount Sterling, KY 40353
Phone
(859) 498-2872
Established
1862
Service Area
9 counties
Estate PlanningProbate AdministrationElder LawReal Estate
Visit site
Statewide Practices
Bunch & Brock, PSC
FirmThe Lexington probate lawyers at Bunch & Brock have been serving Kentuckians since 1976, providing estate planning, probate, trust administration, and business succession planning throughout Kentucky.
Location
126 W. Maxwell St., #200Lexington, KY 40508
Phone
(859) 254-5522
Established
1976
Service Area
Statewide
Probate AdministrationEstate PlanningElder LawTrust AdministrationWills Trusts
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Cooley & Offill Law Firm
FirmWith more than 30 years of experience and over 500 probate cases handled, Cooley & Offill handles probate cases statewide from offices in Owensboro, Lexington, and Louisville.
Location
1412 Frederica StreetOwensboro, KY 42301
Phone
(270) 685-5586
Established
1994
Service Area
Statewide
Probate AdministrationEstate PlanningWills Trusts
Free consultationVisit site
Kentucky ElderLaw, PLLC
FirmLouisville-based elder law firm with additional offices in Bowling Green and Shepherdsville, serving clients across Kentucky and Indiana. The practice handles Medicaid and long-term care planning, VA benefits, estate recovery defense, and probate and estate administration for aging families and their caregivers.
Location
661 S. Hurstbourne Parkway, Suite 200Louisville, KY 40222
Phone
(502) 581-1111
Service Area
Statewide
Elder LawEstate PlanningMedicaid PlanningProbate AdministrationTrust Administration
Free consultationVisit site
McBrayer PLLC
FirmMcBrayer PLLC has law offices in Lexington and Louisville and a government relations practice in Frankfort, serving clients throughout Kentucky with estate planning and administration services.
Location
201 E. Main Street, Suite 900Lexington, KY 40507
Phone
(859) 231-8780
Established
1963
Service Area
Statewide
Estate PlanningProbate AdministrationTrust AdministrationHealthcare Law
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Triplett & Carothers (Roz Law)
FirmLouisville probate attorneys helping families throughout Kentucky and Indiana with estate planning, probate, trust administration, and asset protection. 5-star rated with 78 reviews.
Location
8004 Lyndon Centre Way, Suite 102Louisville, KY 40222
Phone
(502) 425-5562
Service Area
Statewide
Probate AdministrationEstate PlanningTrust AdministrationAsset Protection
Free consultationVisit site
Stites & Harbison, PLLC
FirmFounded in 1832, Stites & Harbison is one of Kentucky's oldest and largest law firms. The Trusts & Estates Service Group handles estate planning, estate and trust administration, estate and gift tax planning, business succession planning, and fiduciary disputes from offices in Louisville, Lexington, and Frankfort.
Location
400 West Market Street, Suite 1800Louisville, KY 40202
Phone
(502) 587-3400
Established
1832
Service Area
Statewide
Estate PlanningProbate AdministrationTrust AdministrationElder LawTax PlanningBusiness Succession
Visit site
Thomas, Dodson & Wolford, PLLC
FirmThomas, Dodson & Wolford has a dedicated estate planning team with more than 70 years of combined experience helping individuals and families throughout Kentucky with estate planning, probate, trust administration, and fiduciary and inheritance tax matters.
Location
9200 Shelbyville Road, Suite 611Louisville, KY 40222
Phone
(502) 426-1700
Service Area
Statewide
Estate PlanningProbate AdministrationTrust AdministrationTax PlanningWills Trusts
Visit site
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
- 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 391.030 (small estate exemption)
- KRS 395.150(1) (compensation may not exceed 5% of personal estate plus 5% of income; real property excluded from base); KRS 395.150(2) (court may allow additional compensation for unusual or extraordinary services). Calculator estimates effective compensation on the gross estate at 2–5%; the 5% statutory rate is not applied directly because real property is excluded from the statutory base.
- KRS 396.011
- Reasonable compensation; no probate-specific attorney fee statute (SCR 3.130-1.5(a) general rule)
Data sourced from Kentucky statutes and official state code. How we research.
Frequently Asked Questions
You open probate by filing a petition with the District Court in Montgomery County, attaching the original will (if any), the death certificate, and the filing fee ($90). Once the court issues letters, the personal representative can act.
Total probate costs on a $500,000 estate run about $27,283 statewide in Kentucky. For Montgomery County, that means filing fees ($90 to open), attorney fees, executor compensation, publication costs, and possibly a bond. The calculator on this page runs the math for your estate size.
Yes. The District Court in Montgomery County accepts e-filing through the state portal. In-person filing at the courthouse is still available for those without digital access.
Not every estate needs one. Simple estates, small estates under the affidavit threshold, and states with informal probate can often be handled without counsel. Contested wills, out-of-state property, and business interests usually need an attorney. The Kentucky self-filing assessment scores whether this estate can be handled without one.
A simple Kentucky probate typically closes in 6–12 months; average estates run 12–18 months. The mandatory creditor-claim period accounts for much of that, so even uncontested estates rarely close quickly.
A revocable living trust skips probate entirely — no filing fee, no attorney schedule, no executor commission. The cost of setting up the trust is typically recovered many times over compared to what probate would cost the estate. Create a revocable trust online and keep the estate out of Montgomery County probate.
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
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