A. Probate Docket. The Probate session of the Fayette District Court shall convene at 8:30 a.m. in District Courtroom No. 5, Monday through Friday, except holidays. Uncontested petitions for probate of a will and/or appointment of a fiduciary may, at the discretion of the Judge of the division to whom the matter is assigned, be scheduled for hearing at such other time and place as may be convenient to the Judge and interested parties, provided all interested parties waive in writing recording of the hearing. For any probate matter which is contested or which will require a hearing lasting more than approximately ten (10) minutes, the parties shall file a motion for a hearing date in advance and notice it for the Judge's next available Probate Docket to get a date and time for a hearing on the matter.

(1) Any initial petition for appointment of a fiduciary, probate of a will or similar initial proceeding shall be filed in the Probate Division of the Clerk's Office and filing fees paid. Additional fees, such as recording the will, copies of orders, advertising, may be paid following the hearing.

(2) The petitioner shall list all the real and personal property subject to the fiduciary's administration, including all real property in which a decedent had an interest irrespective of the fiduciary's power to sell such real property, and shall state the total amount of the market value of the real and personal property so that the Court may fix bond in the proper amount.

(3) If the fiduciary requesting appointment by the Court is a non-resident of the Commonwealth of Kentucky, the full name and address of the process agent residing in Kentucky shall be typed on the petition.

C. Form of Pleadings. All pleadings and other papers presented to the Court shall be typewritten, although handwritten additions and corrections will be accepted. The use of currently approved Administrative Office of the Courts forms, to the extent available, is encouraged. Each pleading shall contain the attorney's full name, address, including zip code, and telephone number. Where appropriate, an order should be presented with a motion or a petition, and shall contain a certificate signed by the preparing attorney, including the attorney's full name, address, and telephone number.

D. Fiduciary Bonds. In exercising its discretion under KRS 395.130(1), the Court hereby adopts the following guidelines:

(1) The bond of the personal representative shall be set in the amount of the probatable estate even though a testamentary instrument excuses bond or surety thereon. The value of real estate shall be included if the instrument grants the power of sale to the fiduciary.

(2) Surety will be excused (in the absence of a compelling reason) (a) if a testamentary instrument requests that surety or bond not be required, or (b) all parties in interest execute a waiver of surety and the Court is satisfied that all interests are adequately protected. The waivers of surety shall be notarized, or witnessed by a disinterested party.

(3) Absent cause shown, the corporate effects of a bank or trust company serving as fiduciary shall be sufficient surety on its bond without the necessity of a third party surety.

(4) As a general policy, surety on other bonds will be required in the amount of the bond, particularly where the interests of infants or persons under disability are involved, unless the facts clearly indicate that no surety bond or a surety bond in a lesser amount will adequately protect all interests.

(5) If for good cause shown a fiduciary is unable to be personally present to give the oath of office, the fiduciary shall submit to the Court a subscribed and notarized oath of office. The fiduciary may submit a signed and notarized bond, or may, by special power of attorney, grant another person the power to sign the bond of the fiduciary. The power of attorney from the fiduciary to the attorney-in-fact shall be a separate instrument and shall be notarized.

(6) A motion to increase bond shall be made whenever it is learned that the previous bond is inadequate. Bond shall be increased upon the Court granting the fiduciary power to sell real estate under KRS 389A.010. A motion to reduce bond of a fiduciary may be made any time after the inventory or periodic settlement has been filed showing a reduction in the assets remaining in the hands of the fiduciary.

(7) Real property may be used to secure the obligations of the fiduciary and/or the surety upon compliance with the conditions set forth in this subsection (7).

(1) Settlements, except informal settlements, shall include the following:

(2) Informal final settlements may be accepted from a fiduciary under the conditions of KRS 395.605. If the Court has previously ordered the fiduciary to submit a formal settlement, the informal settlement shall be accompanied by a motion and appropriate order for the Court's signature permitting the filing of an informal final settlement.

(3) If appropriate fees for a settlement have not been paid, the settlement shall be accompanied by a check payable to the “Fayette Circuit Clerk” in the appropriate amounts.

(4) If exceptions are filed, the party filing exceptions shall move the Court for a date when the matter may be heard.

(5) Proposed settlements may be tendered in conformity with KRS 395.617 upon the payment of the appropriate fee for advertisement of notice of the proposed settlement and the hearing date. Advertisement shall be in addition to notice required to be sent by the fiduciary to the beneficiaries of the estate.