Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Under Kentucky law, you apply to become an estate’s personal representative (executor or administrator) by filing a petition in the probate court of the county where the decedent lived. The process follows the Kentucky Revised Statutes (KRS) Chapter 395.
1. Determine Eligibility (KRS 395.020)
KRS 395.020 establishes who qualifies to serve. Priority runs to:
- A person named executor in the will.
- The surviving spouse or residuary beneficiaries.
- Decedent’s heirs at law if no will exists.
Link: KRS 395.020
2. File a Petition for Administration (KRS 395.130)
Submit a written petition to the county district court clerk. Include:
- Decedent’s death certificate.
- Certified copy of the will (if any).
- Names and addresses of beneficiaries or heirs.
The court sets a date for hearing at least 10 days after filing.
Link: KRS 395.130
3. Give Notice to Heirs and Creditors (KRS 395.260)
Within three days of filing, you must:
- Mail notice to all heirs and beneficiaries.
- Publish notice to creditors in a local newspaper.
This step allows interested parties to object or file claims within six months.
Link: KRS 395.260
4. Appointment and Issuance of Letters (KRS 395.050)
If no valid objections arise, the judge issues “Letters Testamentary” (for executors) or “Letters of Administration” (for administrators). These letters grant authority to manage estate assets.
Link: KRS 395.050
5. Posting Bond (KRS 395.380)
Unless waived by the will or beneficiaries, you must post a fiduciary bond. The bond amount equals or exceeds the estate’s value.
Link: KRS 395.380
Typical Timeline
- Day 1: File petition and death certificate.
- Days 1–3: Clerk issues notice; you mail and publish.
- Day 10 or later: Court holds hearing on petition.
- Within 30 days: Post bond and take oath.
- Up to 6 months: Window for creditor claims to expire.
- Variable: Estate administration and distribution.
Helpful Hints
- Review the original will carefully for executor provisions.
- Gather multiple certified death certificates early.
- Prepare a list of known heirs and creditors.
- Confirm local court procedures and fees in advance.
- Keep detailed records of all estate transactions.