How much does probate cost in Kentucky?

How much does probate cost in Kentucky?

Verified
6 Aug 2026
§ schedule type: maximum

Kentucky caps the personal representative at 5% of the personal estate plus 5% of the income the estate collects, and sets no rate at all for the attorney.

It is a ceiling, not an entitlement — the court can allow less, and on proof of genuinely extraordinary work it can allow more. Real estate is not in the base, which is where most Kentucky estimates go wrong. Kentucky is also the state where the law does not print the filing fee: the Supreme Court sets District Court fees by rule, and your county may add ten dollars on top. The creditors’ notice is not something you buy — the court clerk publishes one pooled monthly list and charges you your share of it.

KRS 395.150(1) — Kentucky Revised Statutes, published by the Legislative Research Commission · Verified 10 Aug 2026

Informational only, not legal advice. Figures verified on the date stamped. Details: /disclaimer/

Work it out on your own number

Kentucky’s cap has two limbs, and they run on two different things. Here is the schedule and a worked example rather than a single answer.

KRS 395.150 · the representative’s cap
Value of the personal estate — no more than5%
Income collected for the estate during administration — no more than5%
Unusual or extraordinary services, on proofcourt sets
Work on real estate, or on death taxes claimed against property outside the estatecourt sets

This one depends on two things — the personal estate and the income the estate collects — so we show the schedule and a worked example instead of a single answer.

Worked through: a personal estate of $300,000.00 that collects $6,000.00 of income during administration produces a ceiling of $15,000.00 on the estate limb and $300.00 on the income limb — $15,300.00 in all. A house worth $400,000 adds nothing to either limb.

The calculator asks for the personal estate, not the estate’s total value. Feeding it a figure that includes real property will overstate the Kentucky ceiling every time.

Open the Statutory Fee Calculator →

What each part costs

Every row is one figure, one source, one date. Where Kentucky fixes no price, the row says so instead of guessing.

FeeAmount or formulaSet bySourceVerified
Attorney feeOrdinary services No statutory rateKentucky sets no rate for probate attorney fees. The only thing the statute does about the attorney is let the personal representative name one at the time of appointment, so the court copies that attorney on notices. What you pay is what you agree, and the court reviews it when the estate is settled. Kentucky’s five percent belongs to the personal representative, not to the lawyer, and the two should not be confused. Agreement, reviewed at settlement KRS 395.145 — Attorney for fiduciary Chapter 395 read end to end; no attorney-rate section exists 10 Aug 2026
Personal representativeExecutor, administrator or curator No more than 5% + 5%No more than five percent of the value of the personal estate, plus no more than five percent of the income collected for the estate. Real property is outside the base entirely. The court may allow less, and on proof of services that were unusual or extraordinary and not normally part of administering an estate — or of work done on real estate or on death taxes claimed against property that is not in the estate at all — it may allow more. Statute — a ceiling the court may exceed on proof KRS 395.150(1) and (2) Effective 1 Oct 1942, unamended since recodification 10 Aug 2026
Court filing feeOpening the estate in District Court Not set by statuteKentucky is the state where the law does not print the filing fee. KRS 24A.170(1) hands the job to the Supreme Court, which sets District Court filing fees by rule, so the figure lives in the court’s own schedule rather than in the code — and no Kentucky total can be stated from the statutes. Two figures around it are printed: your county’s fiscal court may add ten dollars to a probate filing by ordinance, and service of process is twenty dollars per service, paid straight to the sheriff at the time you ask for it. The county clerk’s charge for recording the will is a separate bill again — see the block below. Supreme Court rule, plus a county add-on KRS 24A.170, read with KRS 24A.185(2) Both links download a PDF 10 Aug 2026
Newspaper publicationNotice to creditors Pooled, and capped twicePooled with other estates. The county runs one combined notice and divides the cost among the estates in it; your share is set by the county, not by a newspaper quote. The clerk of the probate court publishes a list of every fiduciary appointment at least once a month, and may charge each fiduciary no more than the actual proportionate cost of that notice. Capped at the newspaper’s own lowest published rate for comparable commercial notices, as the statute directs. No dollar figure exists in the law — the cap is whatever the paper charges its best commercial customer. The expense of advertising in a court case is taxed as costs by the clerk. The clerk, at your proportionate share KRS 424.340, read with KRS 424.160(1) and (4) Both links download a PDF 6 Aug 2026
BondPersonal representative’s bond Not required unless the court orders one
  • DefaultNot required unless the court orders one. Kentucky reversed this rule in 2026.
  • Amount baseSet by the court — no floor and no ceiling appears anywhere in the section, and either party may move to raise or lower it later.
  • Will waiverNot binding on the court — the statute says outright that the court is not bound by the testator’s expressed intent, in either direction.
  • Demand gate
A bond is ordered where the appointment is of a public administrator or a curator, or where the court decides one is needed to protect the estate, weighing what the will says and how experienced the representative is. Where a bonding company is used, the premium is a lawful charge against the estate, credited to the fiduciary at settlement, subject to the court’s approval.
Court’s discretion KRS 395.130 As amended by 2026 Ky. Acts ch. 134, sec. 11, effective 15 Jul 2026 6 Aug 2026

Any Kentucky bond advice written before 15 July 2026 is now wrong. The 2026 act flipped the default from bond-required to no-bond-unless-ordered, and it did so three weeks before this page was first researched. It is the single most out-of-date fact in circulation about Kentucky probate.

How the Kentucky sources are linked. The Legislative Research Commission publishes the Kentucky Revised Statutes with a stable address for each section, so every source above points at the exact section we read. Those per-section links download a PDF rather than opening a web page — that is the publisher’s own behaviour, not a broken link.

What can change the bill — allowances, waivers and one-off charges

  • Recording the will with the county clerk$33.00, charged whatever the length of the will, plus a $10.00 records-storage reimbursement and a $4.00 state tax on each recorded will. Wills are expressly excepted from the three-dollar-per-extra-page charge that applies to other documents, so a long will costs the same as a short one. Each additional reference to the same instrument is $4.00.
  • County courthouse add-on — up to $10.00, charged where your fiscal court has passed the ordinance.
  • Service of process$20.00 per process, paid directly to the sheriff or other serving officer when you request the service.
  • These aren’t costs — they’re amounts the law protects for the family before creditors, and they change what an estate actually pays out. Kentucky sets aside $30,000.00 of personal property or money for the surviving spouse, or for the surviving children if there is no spouse, exempt from distribution and sale. Before that property is set apart, the surviving spouse can get a District Court order to withdraw up to $2,500.00 from the bank, charged against the exemption.
  • Administration costs are paid before other claims — the fees on this page come out first, ahead of funeral expenses, ahead of taxes, ahead of everything else the estate owes.

KRS 64.012(1)(a) and (3)(a); KRS 142.010(1)(f); KRS 24A.185(2); KRS 24A.170(2); KRS 391.030(1)(c) and (2); KRS 396.095(1) — Kentucky Revised Statutes · Verified 10 Aug 2026

What changes YOUR number in Kentucky

The house is not in the base
The five percent runs on the personal estate. Real property sits outside it entirely, so an estate whose main asset is a house produces a far smaller representative’s fee than its headline value suggests. This is the most common way a Kentucky estimate comes out too high.
A ceiling the court can go above
Most percentage states set a cap and stop there. Kentucky prints a route past it: on proof that the representative did work that was unusual or extraordinary and not normally part of administering an estate, or work on real estate, or work on estate and inheritance taxes claimed against property that is not part of the estate but is counted in for tax purposes, the court may allow whatever additional compensation is fair and reasonable.
Income counts twice over the life of the estate
The second limb is five percent of income collected during administration — rent, dividends, interest. A long administration collecting income for two years produces a larger ceiling than a short one holding the same assets.
The filing fee is the one figure we will not print
Kentucky is the only state in this database whose court filing fee appears in no statute at all. It is set by rule of the Supreme Court under KRS 24A.170(1) and published in the court system’s own schedule. We show what the statutes show: the ten-dollar county add-on, the twenty-dollar service charge, and the county clerk’s recording bill. For the filing fee itself, ask the clerk of the District Court in the county where the estate will be opened, and expect the county add-on on top.
Coming 1 January 2028
Coming 1 January 2028: once a will is admitted to probate, the court clerk will collect the county clerk’s will-filing fee and the state tax at the same time and pass both on to the county clerk. It is not charged today; we’ll add the figure when the state publishes it. Nothing about the amounts changes on that date — what changes is who collects them and when.
You may not need administration at all

Kentucky’s $30,000 is an exemption, not a small-estate limit

Most states set a ceiling: under this figure, use the short route. Kentucky does something different. It gives the surviving spouse — or the surviving children where there is no spouse — $30,000.00 of personal property or money, exempt from distribution and sale. If that exemption, alone or together with the preferred claims already paid, equals or exceeds what is actually distributable, the District Court may order that administration be dispensed with altogether and the property transferred.

  • The test is comparative, not a cap. An estate above $30,000.00 can still qualify once preferred claims are paid; an estate below it may not qualify if other distributable assets remain.
  • It works whether or not there was a will, and since 15 July 2026 the surviving spouse does not have to renounce the will to claim it.
  • The base is personal property and money only. Real property is outside it entirely.
  • Preferred claims rank in the order set by KRS 396.095, with the costs and expenses of administration first.
  • A second route needs no figure at all: where the estate owes nothing, every beneficiary agrees in writing under penalty of perjury, creditors have been advertised for and provision has been made for inheritance and estate tax, administration can be dispensed with by agreement.
  • Where the court is satisfied that nothing distributable will pass through a representative’s hands, it may order that no letters issue at all and, in a testate estate, that the will simply be probated.

The $15,000 figure still printed in older Kentucky guides is wrong. The exemption was raised to $30,000.00 with effect from 15 July 2020 and has been at that figure ever since.

KRS 391.030(1)(c), (2) and (4) — Kentucky Revised Statutes · Verified 10 Aug 2026
KRS 395.455 (as amended 2026 Ky. Acts ch. 134, sec. 20) and KRS 395.470 — same publisher · Verified 10 Aug 2026
Check your own estate against the Kentucky route →

Kentucky probate cost questions

How much does an executor get paid in Kentucky?

No more than five percent of the value of the personal estate, plus no more than five percent of the income the estate collects during administration. It is a ceiling, so the court can allow less. Real property is not in the base. On proof of unusual or extraordinary services, or of work on real estate or on death taxes claimed against property outside the estate, the court may allow more than the cap.

Does Kentucky set probate attorney fees by statute?

No. The only section in the probate chapter that mentions the attorney simply lets the personal representative name one at the time of appointment, so the court copies that attorney on notices. It fixes no rate and no cap. The five percent is the representative’s, not the lawyer’s.

What does it cost to file for probate in Kentucky?

The statutes do not say. Kentucky hands District Court filing fees to the Supreme Court to set by rule, so the figure lives in the court system’s schedule rather than in the code, and no Kentucky total can be stated from the statutes. What the statutes do print: your county may add ten dollars to a probate filing by ordinance, service of process is twenty dollars per service paid to the sheriff, and the county clerk charges thirty-three dollars to record the will plus ten dollars for records storage and a four dollar state tax.

Does an executor need a bond in Kentucky?

Not by default, since 15 July 2026. The starting point is now that no bond is required. The court orders one for a public administrator or a curator, or where it decides a bond is needed to protect the estate. It looks at what the will says and at how experienced the representative is, but the statute says plainly that the court is not bound by what the will says, in either direction. Where a bonding company is used, the premium comes out of the estate.

Does Kentucky have a small estate affidavit?

Not in the usual sense, and the thirty thousand dollar figure people quote is an exemption rather than a limit. Kentucky sets aside thirty thousand dollars of personal property or money for the surviving spouse, or the children if there is no spouse, and where that exemption plus any preferred claims already paid equals or exceeds what is distributable, the District Court can dispense with administration entirely. That works in both testate and intestate estates, and since 15 July 2026 the spouse does not have to renounce the will. A second route with no figure at all exists where the estate owes nothing and every beneficiary agrees in writing.

Sources & verification

Every figure on this page was checked against the official source on the date shown. Kentucky’s statutes are published by the Legislative Research Commission with a stable address for each section; those per-section links download a PDF rather than opening a web page.

  • Attorney fee — KRS 395.145, Attorney for fiduciary apps.legislature.ky.govVerified 10 Aug 2026 · re-read against 2026 Ky. Acts ch. 134 and untouched by it · annual statutory re-check
  • Personal representative’s compensation — KRS 395.150(1) and (2) apps.legislature.ky.govVerified 10 Aug 2026 · effective 1 Oct 1942 and unamended since recodification · annual statutory re-check
  • Court filing fee, and who sets it — KRS 24A.170(1) and (2) and KRS 24A.185(2) apps.legislature.ky.govVerified 10 Aug 2026 · no filing figure exists in statute; the Supreme Court sets it by rule
  • County clerk’s recording fee and the recorded-will tax — KRS 64.012(1)(a) and (3)(a) and KRS 142.010(1)(f) apps.legislature.ky.govVerified 10 Aug 2026 · both in the version effective 15 Jul 2026 · re-check 1 Jan 2028
  • Publication — KRS 424.340 and KRS 424.160(1) and (4) apps.legislature.ky.govVerified 6 Aug 2026 · annual statutory re-check
  • Bond — KRS 395.130 apps.legislature.ky.govVerified 6 Aug 2026 · rewritten by 2026 Ky. Acts ch. 134, sec. 11, effective 15 Jul 2026 · closer watch than the annual re-check
  • The exemption and dispensing with administration — KRS 391.030(1)(c), (2) and (4), read with KRS 395.455 and KRS 395.470 apps.legislature.ky.govVerified 10 Aug 2026 · 395.455 and 395.470 both amended by 2026 Ky. Acts ch. 134, effective 15 Jul 2026
  • Order of payment of claims — KRS 396.095(1) apps.legislature.ky.govVerified 10 Aug 2026 · effective 15 Jul 1988, unamended · annual statutory re-check
  • The 2028 change — KRS 395.015(2)(b)1 apps.legislature.ky.govVerified 10 Aug 2026 · as amended by 2026 Ky. Acts ch. 134, sec. 4 · begins 1 Jan 2028 and is on our re-check calendar for that date

Researched and verified by John Terra · Methodology

This page is information, not legal advice. Reading it does not create an attorney-client relationship. Laws and fee schedules change; every figure here was verified on the date stamped beside it. For advice about your own situation, consult an attorney licensed in Kentucky. Full terms: /disclaimer/ · Privacy

Every state, one standard: How much does probate cost? →

Nearby and often compared: Tennessee, Indiana, Ohio and West Virginia

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