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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

Estimate your county’s exact fees
Dispense with administration (estate within the $30,000 exemption)
About $70 in court costs, plus certified death certificates and county clerk recording of the will
Dispense by agreement (no debts, unanimous beneficiaries)
About $70 to file, plus the newspaper creditor advertisement and any surety bond
Full administration
About $70 to open, or about $90 with the sheriff service of process fee, whatever the estate is worth
Personal representative and attorney compensation
Up to 5% of the personal estate plus 5% of income for the representative (KRS 395.150), plus a reasonable attorney fee
Publication, recording, and professional help
Add the newspaper charge where publication is required, the KRS 64.012 will-recording fee, and any appraisal, bond, or tax preparation

Probate Cost by Procedure

Swipe sideways to see the full table.

ProcedureEstate SizeCourt FeeTimelineAttorney?Best For
Dispense With AdministrationThe 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 satisfiedNo statewide requirementSmall estates within the exemption, with no Kentucky real estate to transfer
Dispense By AgreementNo 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 extraSet by the creditor advertisement, six weeks of posting and publication, before the court orderNo statewide requirement; often used with counselA larger, debt-free estate with beneficiaries who all agree in writing
Full AdministrationNo 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 feeSeveral months or longer; an inventory is due within 90 days of qualifying and claims are barred six months after appointmentNo statewide requirement; commonly used for larger estatesEstates 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.

Up to 5% of the personal estate plus up to 5% of income collected (statutory ceiling)

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.

Reasonable fee; no statutory percentage schedule

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.

$20 per process, only when sheriff service is requested

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.

Varies by county and newspaper

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.

$0.25 per page, plus $5 per certification

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.

A separate flat fee under KRS 64.012

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.

Case-specific; often excused

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.

$0 estate tax; inheritance tax varies by beneficiary class

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.

Estate-specific

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.

Frequently Asked Questions

How much does probate cost in Kentucky?
Opening a probate case costs a flat $50 probate filing fee under CR 3.03(1)(c), plus a $20 court technology fee, for about $70. Requesting sheriff service of process adds $20, for about $90. On top of the filing fee, plan for publication, certified copies, county clerk recording of the will, and the compensation the court allows the personal representative and the estate attorney.
Does the Kentucky probate fee depend on the size of the estate?
No. Kentucky charges no estate-value-graduated court cost and no probate tax, so a $10,000 estate and a $10,000,000 estate pay the same $50 probate filing fee. The size of the estate affects the work, the compensation the court allows, and the inheritance tax, but not the court’s filing fee.
How much is a Kentucky personal representative paid?
Compensation is capped at 5% of the value of the personal estate plus 5% of the income the fiduciary collects (KRS 395.150). The 5% figures are ceilings, not automatic commissions, and the District Court reviews the amount on settlement. The court may allow more only for unusual or extraordinary services under KRS 395.150(2).
What is the cheapest way to settle an estate in Kentucky?
When the KRS 391.030 exemption, currently $30,000, alone or with preferred claims, equals or exceeds the distributable assets, a small estate can dispense with full administration by a District Court order under KRS 395.455, filed on form AOC-830. It carries the same about $70 filing cost but skips the full administration.
Does Kentucky have an estate tax or inheritance tax?
Kentucky has no state estate tax for deaths after 2004, but it does have a state inheritance tax under KRS Chapter 140. Class A beneficiaries, such as a spouse, parent, or child, are exempt; Class B and Class C beneficiaries are taxed at graduated rates. The inheritance tax is paid to the Department of Revenue, not the probate court.
Are Kentucky probate costs the same in every county?
The filing fee is. The $50 probate fee is fixed statewide by Supreme Court rule, so it is identical in all 120 counties. What varies locally is the small county library or court-facility fee and the county clerk’s separate fee to record the probated will under KRS 64.012.

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Source Notes
Statute / Authority
KRS 24A.170 and Supreme Court of Kentucky Order 2026-15 (CR 3.03) (District Court filing fee); KRS 395.150 and KRS 395.155 (personal representative compensation); KRS 395.455, KRS 395.450, and KRS 391.030 (small estate); KRS 396.011 (creditor claims); KRS Chapter 140 (inheritance tax)
Fee Source
Supreme Court of Kentucky Order 2026-15 amending CR 3.03, read against the official kycourts.gov order PDF, with KRS 24A.170, KRS 395.150, and KRS 391.030 read against the Legislative Research Commission statute text
Last Verified
July 2026
Threshold Effective Date
The dispense-with-administration ceiling tracks the KRS 391.030 exemption, banded by date of death: $30,000 on or after July 15, 2020, and $15,000 before that date.
Notes
The $50 probate filing fee is fixed statewide by Supreme Court rule (CR 3.03) and is uniform across all 120 counties; the Supreme Court adjusts these amounts by order, currently Order 2026-15 effective July 1, 2026. Two items vary locally: 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 under KRS 64.012. Re-verify the filing fee against the current Supreme Court order or the Kentucky Court of Justice court-costs schedule each year, and re-check KRS 395.150, KRS 395.455, and KRS 391.030 after each legislative session.
SourcesOfficial references used for this page