Detailed Answer — Submitting an Original Will to a Kentucky Probate Court from Out of State
This section explains, in plain language, what to do if you live outside Kentucky and need to submit an original will for probate in a Kentucky court. The process is mainly administrative, but small mistakes can delay probate or complicate estate administration. Read each step and follow up with the local circuit court clerk or a Kentucky probate attorney if anything is unclear.
1. Confirm the correct place to file
File the original will in the circuit court of the county where the decedent was domiciled (their primary residence) at the time of death. If you do not know the county, look for the decedent’s last address on mail, tax records, driver’s license, or other documents. If multiple residences exist, the county of primary legal residence controls.
2. Contact the local circuit court clerk
Call or email the circuit court clerk’s office in that county before sending anything. Ask what the clerk requires for initial submission, current filing fees, whether the office accepts mailed submissions, and whether the clerk can accept electronic or faxed copies as an interim step. Each county may have slightly different procedures. Find county circuit court information and general Kentucky court resources at the Kentucky Court of Justice website: https://kycourts.gov/.
3. Gather documents to send with the original will
- Original will (do not send only copies; courts normally require the original).
- Certified copy of the death certificate.
- Cover letter that states your relationship to the decedent, your contact information and return instructions, and a short request that the court file (admit) the will to probate.
- A copy of your ID and proof of your address (some clerks request this to verify identity).
- Any self-proving affidavit attached to the will (if present). A self-proving affidavit speeds admission because the witnesses do not need to appear later.
- A stamped, self-addressed return envelope if you want the clerk to return the original or certified copies after filing.
4. Use a secure delivery method
Ship the original will and supporting documents by a trackable, signature-required method (for example, registered mail, certified mail with return receipt, or an overnight courier that provides a signature on delivery). Keep copies and shipping receipts. Do not hand the only original over without obtaining a delivery receipt or clear tracking.
5. Consider appointing a local filing agent or attorney
If you cannot travel to Kentucky, hire a local probate attorney or a qualified filing service to file the will and handle the initial probate steps for you. An attorney can appear in court if the clerk requires a personal appearance and can prepare a formal petition, notices to heirs, and related filings. Using local counsel reduces the chance of procedural delay or mistakes.
6. Filing, probate petition, and executor duties
After the clerk receives the original will, the typical next steps are:
- The clerk files the will and opens a probate case (often after you or your attorney files a petition for probate).
- If the will names an executor (personal representative), that person must usually file for appointment. If you are the named executor but live out of state, you can still be appointed. The court may require an oath, bond, or local agent in some circumstances.
- The court issues letters of administration or letters testamentary to authorize the personal representative to act on behalf of the estate.
Ask the clerk which probate forms the county uses and whether you should file a petition with your initial submission. Court forms and procedural requirements vary by county.
7. Special situations to watch for
- If the original will is in a bank safe-deposit box, the bank may require a court order or executor authorization to open it. Ask the bank and the clerk for instructions.
- If the will is not self-proved, the witnesses may need to sign testimony or appear in court to validate the will. A local attorney can help locate or secure witness affidavits.
- If the will was executed in another state but the decedent was domiciled in Kentucky at death, Kentucky courts generally admit a properly executed foreign will for probate in the Kentucky county of domicile.
- If you cannot locate the original will, advise the clerk promptly. The court can determine the next steps, which may include an affidavit regarding the lost will or starting intestate administration if no original is found.
8. Timeline, fees, and creditor notices
Probate timelines vary. Initial filing and appointment of a personal representative usually occur within weeks if paperwork is complete and uncontested. Kentucky has creditor notice requirements and timelines that the personal representative must meet. For general statutory guidance and search of specific Kentucky laws, visit the Kentucky Revised Statutes site: https://apps.legislature.ky.gov/law/statutes/.
9. Keep records and copies
Keep certified copies of every probate document. The court can issue certified copies of the filed will and letters testamentary. Certified copies are often required to access bank accounts, transfer property, or close accounts.
Quick checklist (summary)
- Identify the county of the decedent’s domicile.
- Contact that circuit court clerk’s office and confirm requirements.
- Gather original will, certified death certificate, cover letter, and any self-proving affidavit.
- Send by trackable, signature-required delivery or retain a local attorney to file.
- File any required probate petition and seek appointment as personal representative if you are the executor.
- Request certified copies and keep complete records.
Disclaimer: This information is educational only and is not legal advice. It does not create an attorney-client relationship. For help tailored to your situation, contact a licensed Kentucky probate attorney or the local circuit court clerk.
Helpful Hints
- Always mail the original will — courts typically require the original document for probate.
- Call the circuit court clerk first; clerks will often confirm the exact documents and procedures you should use.
- Use tracked, signature-required shipping and keep proof of delivery.
- If possible, send a local attorney to file and represent you. That often speeds the process and avoids in-person travel.
- If the will includes a self-proving affidavit, point that out to the clerk — that can eliminate the need for witness appearances.
- Include a stamped, self-addressed envelope if you want the clerk to mail back the original or certified copies after filing.
- Keep digital scans of everything you send and receive; scans help you respond quickly to clerk requests.
- If you expect disputes, notify beneficiaries promptly and consider local counsel right away; contested probates can involve strict procedural rules and tight deadlines.
- Use the Kentucky Revised Statutes site to look up relevant probate laws and procedures: https://apps.legislature.ky.gov/law/statutes/. For court-specific questions, use the Kentucky Court of Justice website: https://kycourts.gov/.