How survivorship assets are treated for a Kentucky probate inventory

Short answer: In Kentucky, assets that pass automatically to a surviving joint owner by right of survivorship (including properly titled joint tenancy or tenancy by the entirety accounts, and many payable‑on‑death or transfer‑on‑death designations) generally pass outside probate and are not part of the decedent’s probate estate. That means they normally are not listed as estate property on the executor/administrator’s inventory. However, you should document these items for the court and creditors when appropriate, and there are important exceptions and practical steps to follow.

Detailed answer — What the executor/administrator should know

Probate is the legal process that collects a deceased person’s probate assets, pays valid debts, and distributes what remains. Many assets, however, transfer automatically outside probate. Common nonprobate transfers include:

• Joint bank or investment accounts held with right of survivorship;
• Real estate held as joint tenants with right of survivorship or tenancy by the entirety;
• Accounts or securities with payable‑on‑death (POD) or transfer‑on‑death (TOD) designations;
• Life insurance or retirement accounts with named beneficiaries.

Because these assets pass directly to the surviving owner or beneficiary by operation of law or contract, they ordinarily are not assets of the decedent’s probate estate and therefore are not subject to distribution through probate. As a result, they are usually not included as estate property on a formal inventory filed in a Kentucky probate case.

That said, executors and administrators should be careful and follow these points:

• List nonprobate items where required or helpful. Some courts or clerks prefer the personal representative to identify known nonprobate transfers on or attached to the inventory so the court and creditors understand what passed outside probate. Even if not listed as estate assets, a note or schedule identifying survivorship accounts can prevent confusion.
• Verify account titling and beneficiary designations. Banks and institutions often require specific documents (death certificate, affidavit, or a small‑estate form) to release funds. Confirm how each asset is titled and whether a beneficiary designation exists.
• Watch for contests or claims. If someone asserts that the joint account or TOD designation was a sham (for example, that the decedent only added the survivor’s name as a convenience and did not intend a gift), the court may need to resolve ownership. In that situation the asset may be litigated and could effectively become part of the estate for purposes of creditor claims or distribution.
• Creditors and estate administration. Creditors can sometimes reach assets that were removed from the decedent’s control shortly before death, or they may challenge transfers done to avoid legitimate debt claims. If the personal representative suspects claims, they should inform the court and consider whether litigation is necessary.
• Small‑estate procedures. If probate is not opened or a simplified/small‑estate procedure is used, the survivor may still need to provide proof of survivorship to institutions even though probate inventory requirements do not apply in the same way.
• Keep good records. Even when survivorship assets are not estate property, keep copies of account statements, death certificate(s), beneficiary forms, and any communications with financial institutions to document transfers and defend against post‑death disputes.

Practical hypothetical

Imagine a decedent owned a bank account titled “Mary and Jane Doe, joint tenants with right of survivorship.” When Mary (the decedent) dies, the account balance typically belongs to Jane by right of survivorship and is not part of Mary’s probate estate. The executor does not claim that balance as estate property on the inventory. Still, the executor should:

• Confirm the bank’s title records and get a certified copy of the death certificate;
• Note the joint account on the inventory or in an attachment if the court prefers disclosure;
• Monitor for creditor claims that might challenge the transfer.

When you might need to include survivorship assets on the inventory

• If the survivorship arrangement is contested in court (e.g., allegations of fraud, undue influence, or that the joint owner was only a convenience), list the asset and explain the dispute.
• If Kentucky law or the local probate clerk’s rules require disclosure of nonprobate transfers on the inventory form, follow those rules. Check local probate court filing requirements or ask the clerk for guidance.
• If a creditor asserts a claim that could reach the asset, note the existence of the asset and the nature of the transfer so claims can be evaluated.

Key Kentucky resources

• Kentucky Court of Justice — Probate information and self‑help resources: https://courts.ky.gov/selfhelp/Pages/probate.aspx
• Kentucky Revised Statutes (search and browse state law): https://apps.legislature.ky.gov/law/statutes/

These pages explain general probate procedures and provide access to the statutes and local forms you may need. If you want a specific statutory citation about inventories or fiduciary duties, the Kentucky statutes available from the legislature site are the authoritative source for exact language.

Helpful hints

• Gather documentation: account titles, deeds, beneficiary designations, life insurance policies, and recent statements.
• Obtain certified copies of the death certificate early; many institutions require them.
• Contact the probate clerk’s office where the decedent lived and ask about inventory rules and local forms.
• If you are the personal representative, attach a schedule of known nonprobate transfers to your inventory even if the assets themselves are not claimed as estate property.
• If someone disputes a transfer or if large sums are involved, consult a Kentucky probate attorney promptly — disputes are easier to resolve earlier.
• Do not withdraw or transfer funds you believe belong to the estate without court authority. Conversely, do not assume an institution will automatically release survivorship funds without proper documentation.

Next steps: Review the titles and beneficiary designations, get certified death certificates, and check with the local probate clerk about inventory requirements. If there is any dispute, or if you are unsure whether an asset is truly nonprobate, contact a Kentucky probate attorney to protect the estate and the personal representative.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It does not create an attorney‑client relationship. For advice specific to your situation, consult a licensed attorney in Kentucky.