What Is Probate in Kentucky and How Does It Work?

If someone you love has passed away, you may hear the word “probate” sooner than you expected. Probate can sound intimidating, but it is simply the legal process for settling a person’s estate. Here is an overview of how it generally works in Kentucky.

What Probate Is

Probate is the court-supervised process of gathering a deceased person’s property, paying valid debts and expenses, and distributing what is left to the people entitled to it. In Kentucky, probate matters are handled in the county where the person lived.

What Goes Through Probate

Not everything does. Property titled only in the deceased person’s name, without a beneficiary or co-owner, usually goes through probate. Property that often passes outside probate includes:

• Life insurance and retirement accounts with a named beneficiary
• Bank accounts with a payable-on-death designation
• Property owned jointly with survivorship rights
• Property held in a living trust

The Basic Steps

1. Opening the Estate

If there is a will, the named executor asks the court to admit it and appoint them. If there is no will, a family member or other eligible person asks to be appointed administrator. This is the difference between testate and intestate administration.

2. Gathering and Protecting Property

The executor or administrator identifies what the person owned, secures it, and prepares an inventory for the court.

3. Paying Debts and Expenses

Creditors are given an opportunity to submit claims. Valid debts, final expenses, and taxes are paid from the estate, not from family members’ own pockets.

4. Distributing and Closing

Once debts are handled, remaining property is distributed under the will or, if there is no will, under Kentucky’s intestacy laws. The estate is then closed with the court.

Simplified Options for Smaller Estates

Kentucky offers simplified procedures for some smaller estates, including a Petition to Dispense with Administration. Whether one applies depends on the size of the estate and the family’s circumstances.

You Do Not Have to Do It Alone

Serving as executor is a meaningful responsibility, and mistakes can create problems for you and your family. An attorney can explain your duties, prepare the filings, and handle the details so you can focus on your family. Learn more about our probate and estate administration services, or consider how a living trust could make things easier for your own loved ones.