Access Marshall County Probate Records

Probate in Marshall District Court

Kentucky District Court handles probate of wills. For Marshall County, probate filings and record access start at the Marshall County Judicial Building, 80 Judicial Drive, Unit 101, Benton, KY 42025. The District Court phone line is 270-527-1721. The same Office of Circuit Court Clerk serves as the court-record access point for local District Court probate filings, case questions, certified court copies, and records not visible through online public search.

The Marshall County Clerk is a separate office at 1101 Main Street, Benton, KY 42025. The County Clerk may have recorded instruments tied to an estate, including wills, renunciations, disclaimers, and affidavits of descent, but probate case administration is a District Court function. Contested probate matters and real-property title disputes may fall into Circuit Court jurisdiction, so a complicated estate can create more than one record path.

Probate Contact Cards

Use the court clerk for probate case filings and the County Clerk for estate instruments that are recorded in county records. The offices are in different buildings, and the County Clerk is not the court clerk.

Probate Terms Defined

Probate filings use court and estate terms that affect what to request and which office to contact. These definitions keep the court case, fiduciary role, and recorded estate instruments separate.

Decedent

The person who died and whose estate is being handled.

Testator

A person who made a will.

Intestate

Dying without a will.

Executor

The person named in a will and appointed by the court to carry out estate administration.

Administrator

The person appointed by the court to administer an estate when there is no executor or no valid will appointment.

Fiduciary

A broad term for the court-appointed person with legal duties to the estate, heirs, beneficiaries, and creditors.

Inventory

A filed list of estate assets; Kentucky probate guide material says inventory is due within 60 days of appointment and AOC-841 may be used.

Settlement

An accounting or closing filing. The Kentucky probate guide says final settlement generally cannot be filed until at least six months after appointment.

Affidavit of Descent

A County Clerk recording that may document inheritance or descent-related real estate facts outside the District Court probate case file.

AOC Probate Forms and Fields

The probate manifest entries are PDF sources and failed image captures, so they are used here as prose links rather than images. Start with the Kentucky probate guide, then use the specific AOC form that matches the estate status and court instruction.

The Kentucky probate guide explains the general estate process, including appointment, inventory timing, and settlement timing. The guide is a statewide resource, so confirm Marshall County filing details and current fees with the District Court clerk line before filing.

Inventory and Settlement Timing

In the ordinary Marshall County probate path, the filer determines whether the decedent left a will, contacts or visits the District Court clerk line for filing requirements and current fees, files AOC-805 to admit the will and/or appoint a fiduciary, and waits for the court to enter the appropriate appointment order. If there is no will, the petition can request appointment of an administrator.

After appointment, the fiduciary handles creditors, heirs, asset transfers, real estate, tax questions, and administration duties. The Kentucky probate guide highlights two timing points that should not be lost: inventory is due within 60 days of appointment, and final settlement generally cannot be filed until at least six months after appointment. Settlement forms referenced in the research include AOC-846, AOC-850, and AOC-851, but the assigned manifest entries focus on AOC-805, AOC-830, and AOC-841.

1. Determine whether a will exists.
2. Contact the Marshall District Court clerk line at 270-527-1721 for filing requirements and current fees.
3. File AOC-805 to admit the will and/or appoint a fiduciary.
4. Obtain the order appointing an executor or administrator.
5. File the estate inventory within 60 days after appointment.
6. Administer creditor, heir, asset-transfer, real-estate, and tax issues.
7. Wait at least six months after appointment before final settlement where that timing applies.
8. Record estate instruments with the County Clerk when a recording is required.

County Clerk Estate Recordings and Fee Gaps

The research located Marshall County Clerk recording fees for several estate-related instruments, but it did not locate an official Marshall-specific probate court filing fee sheet. Because KCOJ materials referenced 2026 civil filing-fee changes, do not copy an old probate filing-fee number from another county. Ask the Marshall District Court clerk for the current probate filing fee before filing.

Search and Request Channels

KYeCourts public records can be used for probate case information where available. The District Court clerk is the fallback for filings, certified copies, missing online records, restricted-file questions, and older cases that require local identifiers. The County Clerk is the correct channel for recorded wills, affidavits of descent, renunciations, disclaimers, and other estate-related recordings maintained in county records.

What Marshall County Probate Records Show

Probate records may include the AOC-805 petition, the will if one is admitted, orders appointing an executor or administrator, fiduciary information, heirs or beneficiaries, estate asset inventory, creditor notices, settlement papers, final orders, and related court events. County Clerk recordings may show recorded wills, renunciations, disclaimers, affidavits of descent, and page-based recording charges. A single estate may therefore produce a District Court case file plus one or more County Clerk recorded instruments.

Public access is not unlimited. Court records are controlled by the Kentucky Court of Justice under KRS 26A.200, and some materials may be restricted by court order, privacy rules, or the nature of the proceeding. If a probate file includes minor, guardianship, mental-health, adoption, sealed, or confidential information, expect redaction or eligibility limits rather than ordinary public access.

Research Gaps to Confirm Locally

No Marshall-specific probate docket schedule, local probate filing fee sheet, will-safekeeping program, or searchable county probate database was found in the assigned official research. Those gaps should be handled by calling the Marshall District Court clerk line before filing, paying, mailing forms, or planning a courthouse visit. The County Clerk fee table supplies estate-recording costs, but it does not establish the District Court probate filing fee.