9.01. Petitions for Application for Appointment of Personal Representative. All petitions or applications for appointment of personal representatives (including but not limited to administration of decedent's estates, guardianships for minors, trustees or such other fiduciaries, except guardianship for disabled persons) shall not be filed without tendering completed Fiduciary Bonds and proposed Orders of Appointment.

9.02. Court Calendar. Uncontested matters may be filed for review “At the convenience of the Court” for chambers review. If upon review by the Judge a matter appears to need additional notice of information, the Judge may set it for hearing. Attorneys may file sworn oaths and bonds from clients with their Petitions for Appointment of Executor/Executrix. All probate matters may be e-filed with the exception that original wills must also be filed with the Probate Clerk before a Judge will review a file in chambers.

9.03. Personal Identifiers/Contact Information. Persons seeking appointment as a Personal Representative, Executor, Administrator, or Guardian shall provide their full name, date of birth, current address, email address and phone number to the Probate Clerk. The Probate Clerk shall place that information in a sealed envelope stapled to the inside front cover of the file. The information shall only be accessible by a Judge or Probate Clerk when necessary for service of a summons, subpoena or warrant upon the party. It is the responsibility of the party to keep this form up to date and to update within 10 days of any change. The form is set forth as Appendix 1.

9.04. Identification of Parents/Persons with Custody. In proceedings for Guardianship of a Minor Child or for Name Change of a Minor Child, the biological parents and their current or last known address shall be listed, and notice shall be provided unless they are deceased or parental rights have been terminated by Court Order, and those facts should be brought to the attention of the Judge by the Petitioner. Petitioner should be prepared to show proof of notice or have the Court date continued. Lack of involvement in the child's life does not excuse failure to list the parent or provide notice. The Court may appoint a Warning Order Attorney to provide notice at the expense of the Petitioner.

9.05. Contempt. Failure of a Fiduciary to perform the duties required by statute or set forth in Court Order could result in a finding of Contempt of Court. A Guardian failing to schedule Interdisciplinary Team appointments for the Ward, or any Fiduciary failing to file required reports or settlements or failing to appear before the Court when summonsed or failing to provide the Probate Clerk with a current address and contact information may be held in contempt and arrested, fined, or required to perform community services. The Court, upon failure of the Fiduciary to file mandated reports or respond to the Court may also remove the Fiduciary and appoint a Public Administrator of the estate or a State Guardian for the ward.

9.06.01. Emergency Proceedings. When filing a Petition to Determine if Disabled, and requesting emergency relief pursuant to K.R.S. 387.740, the petitioner(s) shall file, with the petition and application, an affidavit setting forth the facts that there is danger of serious impairment to the health or safety of the Respondent, or damage or dissipation to his/her property if immediate action is not taken and necessitating the need for an Emergency Hearing.

9.06.2 Compensation of Appointed Counsel. Compensation of appointed counsel shall be in accordance with K.R.S. 387.560. Appointed counsel shall file a motion with an accompanying affidavit setting forth time expended in court and out of court rounded to the nearest tenth of an hour and tender an Order with the amount of reasonable compensation left blank (to be determined by the Court). Motions for compensation shall be noticed to be heard “at the convenience of the court,” with copies to the Commonwealth and interested parties of record.

9.06.3. Disability Trials. Counsel for the respondent shall coordinate with the County Attorney and the Court Clerks whether a bench trial may be conducted pursuant to K.R.S. 387.570 by filing a “Stipulation of Jury or Bench Trial” as the case may be pursuant to K.R.S. 387.570(7) and if a bench trial, that the conditions precedent are met as set forth in the aforesaid statute. The Stipulation shall be filed at least 3 days prior to the scheduled trial date.