Kentucky Probate Cost: A Flat District Court Filing Fee
Kentucky charges one flat statutory fee to open a probate case, identical in all 120 counties and unaffected by the size of the estate. The rest of the cost is the compensation the court allows, publication, copies, and any professional help.
Opening a probate case in Kentucky costs a flat $50 probate filing fee set by Supreme Court of Kentucky rule (CR 3.03(1)(c), current under Order 2026-15, effective July 1, 2026), plus a $20 court technology fee, for about $70. If a party asks the sheriff to serve process, the $20 service of process fee under KRS 24A.170(2) brings the filing total to about $90. The probate fee is a fixed statewide amount, so it is the same in all 120 counties and does not rise with the value of the estate.
Kentucky charges no probate tax on the value of an estate and no state estate tax for deaths after 2004. It does set a statutory ceiling on the personal representative: compensation shall not exceed 5% of the value of the personal estate plus 5% of the income collected (KRS 395.150), and the District Court reviews the amount on settlement. A small estate costs less, because it can dispense with full administration through a District Court order under KRS 395.455 when the $30,000 KRS 391.030 exemption, alone or with preferred claims, equals or exceeds the distributable assets. Kentucky does levy a separate inheritance tax under KRS Chapter 140, in which Class A beneficiaries are exempt.
Quick Summary
- Filing cost
- About $70$50 probate fee plus $20 court technology fee; about $90 with sheriff service
- Small estate ceiling
- $30,000Dispense with administration (KRS 395.455)
- PR compensation cap
- 5% + 5%Personal estate plus income collected (KRS 395.150)
- State estate tax
- $0Kentucky has none; inheritance tax is separate
Kentucky probate is filed with the District Court in the county where the person lived, and the circuit court clerk serves as the clerk for those filings. Because the $50 probate fee is fixed by Supreme Court rule, the filing cost is identical in all 120 counties. What differs locally is the small county library or court-facility fee added under CR 3.03(1)(m) and the county clerk’s separate flat fee to record the probated will (KRS 64.012). Confirm the current total with the circuit court clerk before filing.
Typical Total Cost Ranges
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| Procedure | Estate Size | Court Fee | Timeline | Attorney? | Best For |
|---|---|---|---|---|---|
| Dispense With Administration | The KRS 391.030 exemption, currently $30,000 ($15,000 for a death before July 15, 2020), alone or with preferred claims, equals or exceeds the distributable assets (KRS 395.455). Personal property and money only. | About $70 ($50 probate fee plus $20 court technology fee) | Weeks; a District Court petition on form AOC-830, and the court orders the transfer if satisfied | No statewide requirement | Small estates within the exemption, with no Kentucky real estate to transfer |
| Dispense By Agreement | No dollar cap. Available under KRS 395.470 when the estate has no debts and all beneficiaries agree in writing after advertising for creditors. | About $70; publication and any surety bond are extra | Set by the creditor advertisement, six weeks of posting and publication, before the court order | No statewide requirement; often used with counsel | A larger, debt-free estate with beneficiaries who all agree in writing |
| Full Administration | No dollar cap. Used when the estate does not qualify to dispense with administration; letters testamentary with a will or letters of administration without one. | About $70, or about $90 with the $20 sheriff service of process fee | Several months or longer; an inventory is due within 90 days of qualifying and claims are barred six months after appointment | No statewide requirement; commonly used for larger estates | Estates that need a personal representative with letters to collect assets, pay debts, and transfer property |
Additional Costs to Expect
Personal Representative Compensation
KRS 395.150(1) provides that the compensation of an executor, administrator, or curator shall not exceed 5% of the value of the personal estate plus 5% of the income the fiduciary collects for the estate. Those 5% figures are ceilings, not automatic commissions, and the District Court reviews the amount claimed on settlement. The caps attach to the personal estate, not to real property. KRS 395.150(2) lets the court allow additional fair and reasonable compensation for services that were unusual or extraordinary and not normally incident to administration, or that were performed in connection with real estate or with estate and inheritance taxes on property outside the estate.
Estate Attorney Fee
Kentucky sets no statutory percentage schedule for estate attorney fees. An attorney the personal representative retains is paid a reasonable fee for the services performed, chargeable to the estate and reviewable by the District Court on settlement. The 5% ceiling in KRS 395.150 applies to the personal representative, not to the attorney, so the two are separate charges.
Sheriff Service of Process
KRS 24A.170(2) adds a $20 service of process fee, paid to the officer, when a party asks the sheriff to serve. That raises the filing total to about $90. Estates that serve notice by mail do not pay it.
Publication and Creditor Advertisement
The creditor advertisement required for dispensing by agreement (KRS 395.470) and any other required publication are billed by the newspaper under KRS Chapter 424, not by the court, so the cost depends on the county and the publication. A routine full administration measures the six-month creditor period from the fiduciary’s appointment rather than from a published notice.
Certified Copies and Certification
As additional District Court costs under CR 3.03(3), the circuit clerk charges $0.25 per page for a copy of a document and $5 to prepare a certification. A certified copy of the order admitting the will and of the letters is the per-page charge plus that $5 certification. Certified copies of a Kentucky death certificate come from the Kentucky Office of Vital Statistics at $6 per copy, not from the court.
County Clerk Will Recording
After the District Court admits a will to probate, the will is recorded with the county clerk (KRS 394.140). That recording carries a separate flat fee under KRS 64.012 (about $33 for a will or other probate document under the schedule effective July 15, 2026), plus a possible legal-process tax under KRS 142.010. Confirm the current recording fee with the specific county clerk.
Fiduciary Bond Premium
No bond is required of a personal representative by default (KRS 395.130); the court may order one in its discretion or for a public administrator or curator, and a surety bond may be required for a dispensing-by-agreement order. When a bond is required, the premium depends on the bond amount and the surety and is set outside the fee rules.
State Estate and Inheritance Tax
Kentucky imposes no probate tax on the value of an estate and no state estate tax for deaths after 2004. It does levy a separate state inheritance tax under KRS Chapter 140, a death-transfer tax paid to the Department of Revenue rather than the court. Class A beneficiaries, such as a spouse, parent, child, grandchild, or sibling, are exempt; Class B and Class C beneficiaries receive smaller exemptions and are taxed at graduated rates. Federal estate tax can still reach very large estates.
Appraisal, Tax Preparation, and Professional Fees
Real estate, business interests, vehicles, or unusual personal property may need valuation for the inventory, and final individual and fiduciary income tax filings may need professional help. Because the Kentucky court cost is flat, an appraisal changes what the estate spends but never changes the filing fee.
One more cost source to check: if the person who died received Medicaid long-term care benefits, the state may file a recovery claim against the estate. The Kentucky Medicaid estate recovery guide explains when that applies.