How to Request Estate Files from a Kentucky County Probate Division
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
In Kentucky, probate records—including wills, letters of administration, inventories, accountings, and orders—are public records. Under KRS 395.285, the county clerk’s probate division must keep these records open for inspection during regular business hours. To obtain copies or view files, you should follow these steps:
1. Identify the Decedent
- Provide the full legal name of the deceased individual as it appears on court filings.
- Include the date of death if known. Even an approximate date can help staff locate the correct file.
2. Pinpoint the County and File Number
- Specify the Kentucky county where the probate case was opened.
- If possible, supply the estate file number assigned by the court. This expedites retrieval.
3. Describe the Records Desired
- State which documents you need (e.g., original will, letters testamentary, inventory, final accounting).
- Mention whether you want digital or certified paper copies.
4. Provide Your Contact Information
- Your full name and mailing address.
- A phone number or email where staff can reach you with questions.
5. Meets Identification and Fee Requirements
- If you request certified copies, show valid photo ID at the clerk’s office.
- Be prepared to pay copying and certification fees as set by statute. See KRS 61.870 for open records fee guidelines (Link to KRS 61.870).
Once the clerk’s office receives your request, they will locate the estate file. Many offices provide same-day access to noncertified copies. Certified copies may require additional processing time.
Relevant Kentucky Statutes
- KRS 395.285 – County clerk to keep probate records open for public inspection: Link to statute
- KRS 61.870 – Open Records Act: Link to statute
Helpful Hints
- Call the probate division ahead of your visit to confirm hours and fees.
- Ask if the office offers digital downloads to save time and postage.
- Bring a list of alternative spellings of the decedent’s name.
- Check whether the county offers an online request form.
- Allow extra time if you request multiple certified documents.