Do I have to publish a 3‑month notice to creditors under the small estate process?

Short answer: Probably not if you qualify to use Kentucky’s small‑estate procedures — but in most cases the small‑estate process does not let you sell real property (like your mother’s house). If you need to administer or transfer real estate, you will usually have to open a probate estate or obtain a court order, and that formal process generally requires giving notice to creditors.

Detailed answer — how this works in Kentucky

Start from two basic points:

1. Small‑estate affidavits and other summary procedures are designed primarily to transfer personal property (bank accounts, vehicles, some household goods) without a full probate. They are not generally designed to transfer titled real property (land or a house).
2. Formal probate (opening an administration or having someone appointed as personal representative/executor) includes creditor‑notice requirements so creditors have an opportunity to present claims against the estate before distributions or sales of estate assets.

Because of those differences, two separate questions matter to your situation:

1) Can you use the small‑estate process at all?

Kentucky’s simplified procedures can allow an heir or beneficiary to collect certain kinds of property without formal administration, but there are limits. Small‑estate procedures typically apply when the decedent’s estate is small enough and consists mainly of personal property. If the decedent owned a house in her name alone, that is real property and usually cannot be transferred or sold via a simple small‑estate affidavit.

2) If you open a formal probate or administration to sell the house, do you have to publish notice to creditors and wait three months?

Yes — when you open formal administration in Kentucky, the law requires notice to be given to creditors so they can file claims. That notice period gives creditors an opportunity to come forward. In practice courts expect administrators or executors to publish notice and to wait the applicable time for claims. That waiting period is intended to clear title and protect the person selling the real property.

In short: if you can legitimately avoid probate because title to the house passes outside probate (for example by joint tenancy, a transfer on death deed, or the house was held in a trust), then you will not need to publish creditor notice as part of a probate process. If title is only in your mother’s name and must pass through probate, you will most likely need to open administration and follow creditor‑notice rules before a sale.

Practical steps and considerations

• Check how title to the house is held. If the deed names another joint owner, has a transfer‑on‑death (TOD) deed, or the property is in a trust, you may be able to avoid probate.
• Contact the county probate clerk where your mother lived and tell them you are considering administration or a small‑estate affidavit. Clerks can explain local practice and provide the specific forms and instructions.
• If the house must be sold and probate is required, plan on the notice/claims timeline. Selling before proper notice and waiting periods can expose the buyer and seller to later creditor claims.
• Consider a short appointment of an administrator or asking the court for authority to sell real property if the estate needs a quick sale for reasons such as mortgage payments or exposure to damage. Kentucky courts sometimes issue limited orders for sale when circumstances justify it, but you will still follow required procedures and give notice as directed by the court.

Where to look in Kentucky law and court resources

General Kentucky probate and administration statutes are found in the Kentucky Revised Statutes and county probate rules. For general statute text and to look up the specific provisions that govern small‑estate affidavits, formal administration, and notice to creditors, start with the Kentucky statutes and official court pages:

• Kentucky Revised Statutes and chapter listings: https://apps.legislature.ky.gov/law/statutes/
• Kentucky Court of Justice (probate resources and local probate clerk contacts): https://kycourts.gov/

Because local forms and procedures vary by county, the county probate clerk’s office is a practical first stop.

Helpful hints

• If the house is the main asset and its title is solely in your mother’s name, plan on formal probate unless you find a clear non‑probate method of transfer (joint tenancy, TOD deed, trust).
• Ask the probate clerk whether your situation might qualify for a short or expedited administration and whether the court will grant authority to market or sell property sooner with appropriate protections (bond, court order, notice to heirs/creditors).
• Gather key documents before you go to the clerk or an attorney: the death certificate, the deed/title, the decedent’s will (if any), bank statements, and outstanding bills or mortgage statements.
• If creditors exist (mortgage, taxes), make sure those obligations are handled as part of any sale; unpaid liens can block a sale or reduce proceeds.
• If you expect disputes among heirs or complex assets, consult a probate attorney early — even a short phone consult can clarify whether you can avoid probate or must follow formal notice rules.
• When you do publish notices or file for administration, keep proof of publication and service — buyers, title companies, and courts will want documented evidence that you followed required procedures.

Bottom line

You do not automatically need to publish a 3‑month creditor notice simply because you considered a small‑estate affidavit. However, small‑estate procedures usually cannot be used to transfer or sell real estate. If the house must pass through probate, expect to follow Kentucky’s creditor‑notice and waiting requirements before a clean sale can occur. Check with the county probate clerk and consider legal advice for selling real property that is still in the decedent’s name.

Disclaimer: This is general information only and does not constitute legal advice. I am not a lawyer. For advice about your specific situation, contact a Kentucky probate attorney or the local probate clerk.