When a person passes away without a will in Kentucky, their estate is considered intestate and must go through probate under Kentucky law. This process ensures that the deceased’s assets are distributed according to state laws. Understanding how to probate an intestate estate in Kentucky is crucial for heirs, administrators, and anyone involved in estate administration. Here’s a comprehensive guide on the Kentucky intestate probate process.

What is Intestate Probate?

Intestate probate occurs when a person dies without a valid will. Instead of assets being distributed according to the deceased’s wishes, Kentucky’s intestacy laws (KRS Chapter 391 and 395) determine who inherits the estate.

Step 1: Determine If Probate is Necessary

If the estate is valued at $30,000 or less and the deceased is survived by a spouse or children, the estate may qualify for a small estate affidavit (KRS 395.455). Otherwise, probate is required to administer and distribute the estate properly.

Step 2: File for Probate in the Kentucky District Court

An interested party (usually a family member) must file a petition for probate with the district court in the county where the deceased resided. Since there is no will, the court will appoint an administrator to handle the estate.

Required Documents:

  • Petition for intestate probate
  • The death certificate
  • List of known heirs and assets
  • Court filing fees

Step 3: Appointment of an Administrator

Since no executor was named in a will, the court appoints an administrator to manage the estate. Kentucky law prioritizes close family members for this role, typically in the following order:

  1. Surviving spouse
  2. Adult children
  3. Parents
  4. Siblings
  5. Other close relatives

The administrator is legally responsible for managing the estate, paying debts, and distributing assets according to intestacy laws.

Step 4: Notify Creditors and Beneficiaries

Under Kentucky law, the administrator must:

  • Notify known creditors of the probate process
  • Publish a public notice in a local newspaper (if required by the court)
  • Inform heirs and potential beneficiaries of the proceedings

Creditors typically have six months from the appointment of the administrator to file claims against the estate.

Step 5: Inventory and Value the Estate’s Assets

The administrator must compile a complete inventory of the estate, which may include:

  • Real estate
  • Bank accounts
  • Personal property
  • Vehicles
  • Investments

A formal appraisal may be required if the estate includes valuable assets.

Step 6: Settle Outstanding Debts and Taxes

Before distributing assets, the administrator must:

  • Pay funeral expenses
  • Settle valid creditor claims
  • Pay any state and federal taxes due on the estate

Kentucky does not impose a state estate tax, but federal estate tax laws may apply to large estates.

Step 7: Distribute Remaining Assets to Heirs

After debts and taxes are paid, the administrator distributes remaining assets based on Kentucky intestacy laws (KRS 391.010):

  • If the deceased was married with children, the estate is divided between the spouse and children.
  • If there is a spouse but no children, the spouse inherits a portion, and the rest may go to parents or siblings.
  • If there are children but no spouse, the children inherit the entire estate.
  • If there are no immediate family members, assets may go to more distant relatives or the state of Kentucky if no heirs exist.

Step 8: Final Settlement and Closing the Estate

Once all assets are distributed and debts settled, the administrator must file a final settlement report with the court. The court will review the report and officially close the estate, completing the probate process.

How Long Does Intestate Probate Take in Kentucky?

Intestate probate can take anywhere from 6 to 12 months, depending on the estate’s complexity, creditor claims, and potential disputes among heirs.

How to Avoid Intestate Probate in Kentucky

To prevent intestate probate, individuals should consider estate planning strategies such as:

  • Creating a valid will
  • Establishing a revocable living trust (by a Standard Plan from GoGo Estate)
  • Using beneficiary designations for financial accounts
  • Holding property in joint tenancy with right of survivorship