Disclaimer: This article is for educational purposes and not legal advice. Consult a qualified attorney for guidance.
Understanding Intestacy Under Kentucky Law
When a person dies without a valid will in Kentucky, the state’s intestate succession rules govern how the estate distributes. The intestacy process begins with probate. A court appoints an administrator to gather assets, pay debts and taxes, then distribute what remains. See KRS Chapter 391 for probate procedure and KRS Chapter 392 for intestate succession.
Order of Heirs Under Kentucky Intestacy
Kentucky’s intestacy statutes establish a clear hierarchy of heirs:
- Surviving spouse and descendants share the estate (KRS 392.020).
- If there are no descendants, the spouse inherits the entire estate (KRS 392.030).
- If no spouse survives, children and further descendants inherit equally (KRS 392.040).
- If there’s no spouse or descendants, parents inherit equally (KRS 392.050).
- If no parents, siblings and their descendants inherit (KRS 392.060).
- If no heirs in those classes, more distant kin may inherit (KRS 392.070).
- If no heirs are found, the estate escheats to the Commonwealth of Kentucky (KRS 392.080).
Administrator’s Key Responsibilities
The court-appointed administrator follows steps similar to an executor. Duties include:
- Identifying and securing estate assets.
- Notifying creditors and paying valid claims.
- Filing an inventory and annual accounting with the county clerk (KRS 391.330).
- Distributing remaining assets to qualified heirs under Chapter 392.
Probate Timeline and Process
Probate in Kentucky starts by filing a petition in the county of the decedent’s residence. The clerk issues letters of administration. Many estates qualify for informal probate with minimal court oversight. Estates with disputes or complexity may follow formal administration procedures.
Helpful Hints
- Search thoroughly for any valid wills before commencing intestate probate.
- Compile a list of all potential heirs and obtain contact information quickly.
- Secure and value assets to prevent loss or misplacement.
- Maintain clear records of all estate transactions and distributions.
- Consider legal counsel to navigate probate rules and deadlines.