ProbateUS
Probate Court

Floyd County

Kentucky

606-889-1658

Phone

606-889-1658

Fax

606-889-1666

Website

Official Site →

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 ProbateAOC-805.1 - Order Probating WillAOC-805.2 - Order (no will)AOC-825 - Fiduciary BondAOC-841 - Inventory and Appraisement of EstateAOC-850 - Informal Settlement of EstateAOC-846 - Standard Settlement of EstateAOC–740 Petition to Determine if DisabledAOC–745 Application for Appointment of Fiduciary for disabled Persons.AOC–747 Petition/Application for Emergency Appointment of Fiduciary for Disabled PersonsAOC–765 Report of Interdisciplinary Evaluation TeamAOC–777 Verified Petition for the Voluntary Appointment of Guardian or Conservator, EtcAOC–790 Annual Report of GuardianAOC–795 Petition for Relief, Modification or TerminationAOC–806 Order Probating Will and Appointing Executor/ExecutrixAOC–807 Certificate of QualificationAOC–820 Petition for Appointment of Trustee Under WillAOC–830 Petition/Order to Dispense with Administration (Surviving Spouse/Children/Preferred Creditor)AOC–846 SettlementAOC–850 Informal Final Settlement: Affidavit, Motion, and OrderAOC–851 Affidavit of Waiver of Formal SettlementAOC–852 Petition for Appointment of Guardian/Conservator for MinorAOC–853 Application for Appointment as Guardian/Conservator for MinorAOC–855 60 Day Inventory or Supplemental InventoryAOC–856 Periodic/Final SettlementAOC–858 Petition by Crematory to Authorize Cremation of Decedent and OrderAOC–859 Petition to Prevent Cremation of DecedentAOC–860 Affidavit for Probate Fee Exemption and OrderAffidavit of Heirship

Probate Forms Library

44 fillable forms — scroll to browse

1041 — Accumulation Distribution for Certain Complex TrustsfederalDownload
1041-T — Allocation of Estimated Tax Payments to BeneficiariesfederalDownload
1041 — Alternative Minimum Tax — Estates and TrustsfederalDownload
Application For Burial BenefitsfederalDownload
SSA-4 — Application for Child's Insurance BenefitsfederalDownload
SF 2800 — Application for Death Benefits (CSRS)federalDownload
SF 3104 — Application for Death Benefits (FERS)federalDownload
Application For DIC, Survivors Pension And/Or Accrued BenefitsfederalDownload
SS-4 — Application for Employer Identification NumberfederalDownload
706 — Application for Extension of Time To File a Return and/or Pay U.S. Estate TaxesfederalDownload
SSA-10 — Application for Widow's or Widower's Insurance BenefitsfederalDownload
1041 — Beneficiary's Share of Income, Deductions, Credits, etc.federalDownload
1041 — Capital Gains and Losses (Estates and Trusts)federalDownload
706-CE — Certification of Payment of Foreign Death TaxfederalDownload
FE6 — Claim for Death Benefits (FEGLI)federalDownload
VA40-1330 — Claim For Standard Government Headstone Or MarkerfederalDownload
SF 2818 — Continuation of Life Insurance Coverage as AnnuitantfederalDownload
FE7 — Designation Of Beneficiary (FEGLI)federalDownload
SF 2823 — Designation Of Beneficiary Federal Employees' Group Life InsurancefederalDownload
FS 5336 — Disposition of Treasury Securities Belonging to a Decedent's Estate Being Settled Without AdministrationfederalDownload
8855 — Election To Treat a Qualified Revocable Trust as Part of an EstatefederalDownload
1041 — Estimated Income Tax for Estates and TrustsfederalDownload
706 — Generation-Skipping Transfer Tax (Form 706)federalDownload
706-GS — Generation-Skipping Transfer Tax Return for DistributionsfederalDownload
706-GS — Generation-Skipping Transfer Tax Return for TerminationsfederalDownload
8971 — Information Regarding Beneficiaries Acquiring Property From a DecedentfederalDownload
56 — Notice Concerning Fiduciary RelationshipfederalDownload
706-GS — Notification of Distribution From a Generation-Skipping TrustfederalDownload
1041-V — Payment Voucher (Estate or Trust)federalDownload
I-360 — Petition For Amerasian, Widow(er), Or Special ImmigrantfederalDownload
2848 — Power of Attorney and Declaration of RepresentativefederalDownload
FS 1455 — Request By Owner or Person Entitled to Payment for Reissue of United States Savings BondsfederalDownload
706 HAS — Request for Discharge From Personal Liability Under IRC 2204 or 6905federalDownload
4810 — Request For Prompt Assessment Under Internal Revenue Code Section 6501(d)federalDownload
FS 1522 — Special Form of Request for Payment of United States Savings and Retirement SecuritiesfederalDownload
SSA-721 — Statement of Death by Funeral DirectorfederalDownload
1310 — Statement of Person Claiming Refund Due a Deceased TaxpayerfederalDownload
706-NA — U.S. Estate Tax Return for Nonresident Not a Citizen of the U.S.federalDownload
706-QDT — U.S. Estate Tax Return for Qualified Domestic TrustsfederalDownload
1041 U — U.S. Income Tax Return for Estates and TrustsfederalDownload
1041-A — U.S. Information Return Trust Accumulation of Charitable AmountsfederalDownload
706-A — United States Additional Estate Tax ReturnfederalDownload
706 UNITED — United States Estate (and Generation-Skipping Transfer) Tax ReturnfederalDownload
709 — United States Gift (and Generation-Skipping Transfer) Tax ReturnfederalDownload

Court Documents & Links

Circuit Clerk SalariesformsCircuit Court Clerks' ManualformsCircuit Court Clerks Face Mapforms

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

Closest to this court, Kentucky

Stephanie McGehee-Shacklette

McGehee & Gerughty, PLLC

Bowling Green · 200 mi

Business PlanningGeneral Trust & Estate+1

Glen Bagby

Dinsmore & Shohl, LLP

Lexington · 265 mi

Fiduciary LitigationGeneral Trust & Estate+1

Henry (Tip) Richmond

Dickinson Wright PLLC

Lexington · 265 mi

Walter Morris

Wyatt, Tarrant & Combs, LLP

Lexington · 265 mi

Richard Wehrle

Stites & Harbison, PLLC

Lexington · 265 mi

Asset ProtectionBusiness Planning+12
See more attorneys near Floyd County →

Related Resources

Kentucky Probate Guide →All Kentucky Courts →Financial Institutions →