FastCounsel

Disclaimer: This article provides general information on Kentucky probate law. It does not constitute legal advice.

Detailed Answer

Kentucky’s Priority Rules for Administrators

Under KRS 395.080, the court awards letters of administration to persons in the following order: 1) surviving spouse; 2) children or descendants; 3) parents; 4) siblings; 5) other heirs. (See KRS 395.080.)

If a higher-priority person fails to qualify or apply within five days after notice, the court moves to the next class. (See KRS 395.090.)

Grounds to Bypass a Higher-Priority Heir

The court may appoint a lower-priority heir when:

• The higher-priority heir renounces or executes a formal waiver of administration.
• The higher-priority heir fails to apply or qualify within the statutory deadline.
• The higher-priority heir is disqualified under KRS 395.270 due to:
  • Conviction of a felony or dishonesty crime.
  • Insanity, incompetency, or chronic substance abuse.
  • Insolvency or failure to post required bond.
• Circumstances establish undue delay or misconduct by the higher-priority heir.

For disqualifications, see KRS 395.270.

Steps to Secure Appointment

1. Identify all priority heirs and notify them of the pending application.
2. Request written renunciations or waivers from higher-priority heirs.
3. File a petition for letters of administration with the probate court, attaching evidence of waivers or disqualifications.
4. Include an affidavit or order demonstrating that higher-priority heirs did not qualify within five days.
5. Attend the hearing and present your petition. The judge will consider statutory priorities and any objections.

Helpful Hints

• Review KRS 395.080–395.090 before filing your petition.
• Obtain written waivers in compliance with court rules to avoid disputes.
• Compile evidence of disqualification, such as a certified copy of a felony conviction.
• Serve notice to all potential heirs promptly to meet statutory deadlines.
• Consult with a probate attorney if family relationships are complex.
• Prepare and file any required bond if ordered by the court.