Detailed Answer
When a person dies in Kentucky, the decedent’s estate typically goes through probate in the District Court of the county where they lived at death. You can confirm whether a probate estate has been opened by following these steps:
- Identify the County of Residence
Determine the decedent’s last domicile. Under Kentucky law (KRS Chapter 395), probate filings occur in that county. - Contact the District Court Clerk
Reach out by phone, email, or in person to the clerk’s office in that county. Provide the decedent’s full name and date of death. Clerks maintain a public probate register and can confirm whether a case exists at no cost. - Search Online Court Records
Many counties publish dockets via the Kentucky Court of Justice eCourts portal: ePortal.kycourts.net. Select “Civil Case Records” and search by the decedent’s name to find any probate filings. - Review Probate Filings
A probate estate opens when the court issues letters of administration (intestate) or letters testamentary (testate). Docket entries will specify which letters the court issued. Courts must keep an indexed record of all probate business (KRS Chapter 396). - Obtain Case Documents
If you find a probate case, request certified copies of letters, wills, and orders from the clerk. Counties charge nominal fees, which can vary.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney licensed in Kentucky to discuss your specific situation.
Helpful Hints
- Spell the decedent’s full name exactly to ensure accurate record searches.
- If you’re unsure which county to search, check public records (e.g., property or voter registration) for the decedent’s last address.
- Probate records may take several days to appear online after filing.
- Ask the clerk about small estate procedures under Kentucky law (KRS 396.405) if the estate’s value is below the statutory threshold.
- Keep records of case numbers and clerk correspondence for future reference.