Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
If you have opened or are a party to a probate proceeding in Kentucky and no hearing date is on the docket, you can file a formal request with the court to schedule one. Follow these steps:
- Verify the Case Status. Check the court’s online docket or contact the clerk’s office to confirm that your petition or motion was filed and that no hearing is scheduled.
- Prepare a Motion to Set Hearing. Draft a written motion titled “Motion to Set Hearing Date.” Include:
- The case caption and number.
- Your name and role (petitioner, executor, interested party).
- A concise statement requesting the court set a hearing to consider your petition or contested issue.
- File the Motion with the Clerk. Submit your motion to the county probate clerk. Pay any required filing fee. The clerk will assign a hearing date or forward your motion to the judge’s clerk for scheduling.
- Provide Notice to Interested Parties. Under KRS 395.105, you must give at least 10 days’ notice in writing to all interested parties before the hearing. The notice should include the date, time, and purpose of the hearing. See KRS Chapter 395 (Chapter 395).
- File Your Notice of Hearing and Certificate of Service. After serving notice, file the Notice of Hearing form and a Certificate of Service with the clerk. This proves you properly informed all parties.
- Confirm the Hearing. A few days before the scheduled date, contact the clerk’s office to confirm the time and courtroom. Attend the hearing on the scheduled date with all supporting documents.
If the court does not act on your motion within a reasonable time, follow up with a written inquiry to the judge’s docket clerk or consider consulting local court staff to ensure your hearing is placed on the calendar.
For contested matters like objections to a will or disputes over executor actions, the court typically requires a hearing under KRS 395.310. Your motion should reference this statute if applicable.
Helpful Hints
- Check local county probate court rules—procedures and deadlines can vary slightly by county.
- Propose multiple available dates in your motion to help the clerk schedule faster.
- Review Kentucky Rules of Civil Procedure Rule 7.02 for motion practice requirements.
- Keep copies of all filings and proof of service in a dedicated folder.
- Contact the probate clerk’s office early in the process to avoid delays.