Detailed answer
Below is a clear, step-by-step overview of how to handle a parent’s estate in Kentucky. This is an educational guide only and not legal advice. For questions about your specific situation, consult a qualified Kentucky probate attorney or the local probate court.
1. Confirm death and get certified copies of the death certificate
Obtain several certified death certificates from the state or local vital records office. You will need these for banks, retirement plans, insurance companies, and government agencies.
2. Locate important documents
Look for the will, trust documents, deeds, titles, life insurance policies, account statements, recent tax returns, and a list of known creditors. If there is a will, it usually names an executor. If there is a trust, the successor trustee named in the trust may have authority outside probate.
3. Determine whether probate is required
Many estates must go through probate to legally transfer assets that were only in the decedent’s name. Some assets may pass outside probate—examples include jointly held property, assets with beneficiary designations (life insurance, IRAs), and properly funded trusts. Kentucky courts provide guidance on probate procedures; see the Kentucky Court of Justice probate information: https://courts.ky.gov/SelfHelp/Pages/probate.aspx.
4. If there is a will: file it with the probate court
File the original will and a petition for probate at the district court (or probate division) in the county where your mother lived. The court accepts the will, confirms the executor (if named), and opens an estate case. If the named executor cannot or will not serve, the court can appoint an administrator.
5. If there is no will: open an administration (intestate) case
If your mother did not leave a will, Kentucky’s intestacy rules determine who inherits. The court will appoint an administrator—often a close family member—to manage the estate. For official information on Kentucky statutes and to review applicable laws, visit the Kentucky Revised Statutes site: https://apps.legislature.ky.gov/statutes/.
6. Gather and secure estate assets
Create an inventory of all assets: bank and investment accounts, real estate, vehicles, personal property, retirement accounts, and digital accounts. Change locks or secure property when appropriate. Do not distribute assets until you understand whether probate applies and until the executor or administrator has authority.
7. Provide notice to heirs and creditors
The person handling the estate must identify and notify beneficiaries and known creditors. The court will explain required notices and timelines for claims. Prompt notice and proper handling help limit personal liability for the executor or administrator.
8. Pay debts, expenses, and taxes
Use estate funds to pay funeral expenses, probate costs, valid creditor claims, and taxes before distributing assets to heirs. Keep careful records and obtain receipts. You may need professional help from an accountant for estate and final income tax filings.
9. Sell or manage property as needed
If the estate must pay debts or if beneficiaries agree, the executor may sell property. Major actions typically require court approval or beneficiary consent—follow court procedures and document decisions.
10. Distribute assets and close the estate
After debts and taxes are settled and the court approves, the executor distributes remaining assets to the beneficiaries according to the will or Kentucky intestacy law. File a final accounting with the court and a petition to close the estate.
When you might use simplified procedures
Kentucky provides some simplified processes for smaller estates or for certain types of assets that pass outside probate. Whether a small-estate affidavit or other streamlined option applies depends on estate value and asset types. Check the court’s self-help pages or consult an attorney.
Where to get official information and forms
Visit the Kentucky Court of Justice probate pages for local court contacts, procedural guides, and sample forms: https://courts.ky.gov/SelfHelp/Pages/probate.aspx. For statutory language and details of Kentucky law, use the Kentucky Revised Statutes site: https://apps.legislature.ky.gov/statutes/.
Important definitions (plain language)
- Executor: The person named in a will to manage the estate.
- Administrator: A court-appointed person who manages an estate when there is no valid will or no executor available.
- Probate: The court-supervised process to prove a will, appoint an executor/administrator, pay debts, and distribute assets.
- Intestate: Dying without a valid will. State law decides who inherits.
Disclaimer
This article explains general steps under Kentucky law for educational purposes only. It is not legal advice. Laws and procedures change. For advice tailored to your situation, contact a licensed Kentucky attorney or the local probate court.
Helpful Hints
- Get several certified death certificates right away—many organizations require originals.
- Create a folder (paper and digital) with all important documents and account statements.
- Don’t distribute assets until you confirm whether probate is required and until the executor/administrator has legal authority.
- Keep careful records of every transaction made for the estate; the court will expect an accounting.
- Ask banks about their probate requirements—some accounts have a quick transfer path for beneficiaries.
- Contact Social Security and any pension/retirement plan administrators to stop benefits and learn about survivor benefits.
- Consider professional help for complicated estates: a probate attorney, an accountant for taxes, and a real estate agent for property sales.
- Use official court resources first: your county district court or the Kentucky Court of Justice self-help pages (courts.ky.gov).
- If you cannot afford a private attorney, ask the court about local legal aid services or fee-waiver options.