How to decide where to open probate when someone dies in another state — Kentucky FAQ

Detailed Answer

Short answer: Under Kentucky law, you normally open a decedent’s main probate (the administration of the estate) in the state and county where the person was domiciled (their true residence) at the time of death. If the person died in another state or owned property in another state, you may also need to open an ancillary probate there for assets located in that other state. This article explains how to determine domicile, which assets usually require a separate proceeding, and practical next steps under Kentucky practice.

What matters: domicile (not just where the person died)

For probate jurisdiction, courts look to domicile — the decedent’s permanent legal home — at death. Domicile is where the person intended to remain or return, weighed by facts such as where they voted, paid taxes, held a driver’s license, had a permanent address, where their family lived, and where they intended to make a home. A temporary visit or hospitalization in another state at the time of death usually does not change domicile.

Primary probate (Kentucky) vs. ancillary probate

If the decedent was domiciled in Kentucky when they died, open primary probate in the county where they were domiciled. The primary estate administration handles all probate matters generally: proving the will (if any), appointing a personal representative (executor/administrator), paying debts, and distributing assets.

If the decedent owned real property or certain types of titled assets located in another state, that state may require an ancillary probate or a recognition proceeding to transfer title or allow a purchaser or transferee to deal with that property. Typical examples:

• Real estate located outside Kentucky almost always requires a local proceeding to transfer deed title.
• Some financial institutions or brokerage firms may require an ancillary or a certified court order from the forum where the asset is located before allowing transfers.

When you might NOT need full ancillary probate

Small assets may move without a full ancillary estate. Practical alternatives include: payable-on-death (POD) or transfer-on-death (TOD) designations, joint tenancy with right of survivorship, small‑estate affidavits, or producing a certified copy of the primary probate letters for a bank. Whether these alternatives work depends on the asset’s type and the out‑of‑state institution or county requirements.

Practical steps under Kentucky law

1. Confirm domicile: gather documents showing the decedent’s residence and intent (mailing address, tax returns, voter registration, driver’s license, lease or deed, employment records).
2. Inventory assets: identify where tangible and intangible assets are located (Kentucky real estate, out‑of‑state real estate, bank accounts, retirement accounts, securities, motor vehicles, personal property).
3. Contact the county clerk or probate division in the Kentucky county of domicile to start the primary probate. Kentucky’s county courts handle estate administrations; see the Kentucky Court of Justice for local procedures: https://kycourts.gov.
4. Ask whether small‑estate procedures apply. Kentucky has streamlined or simplified procedures for small estates that may avoid formal administration. Check Kentucky probate forms and self-help resources at the Kentucky Court of Justice website and the Kentucky Revised Statutes: https://apps.legislature.ky.gov/statutes/.
5. If the decedent owned real estate or titled property outside Kentucky, plan for ancillary proceedings in the state where that property sits. Ancillary probate does not replace the primary Kentucky administration; it recognizes the personal representative’s authority to deal with the out‑of‑state asset.
6. Consider consulting a Kentucky estate attorney for the primary estate and an attorney licensed in the state(s) where significant out‑of‑state property is located if ancillary probate appears necessary.

Timing, costs, and coordination

Opening probate in the decedent’s domicile first is common because the court that issues letters of administration or testamentary authority in the domiciliary state provides the personal representative with the legal authority necessary to act in other jurisdictions. Ancillary proceedings typically require a certified copy of those letters and a certified copy of the decedent’s death certificate.

Costs can increase when multiple states require filings. Many estates handle Kentucky administration first and then use the Kentucky-issued letters to begin ancillary matters elsewhere. That approach also reduces duplicate accounting and creditor-notice work if the primary administrator handles creditor claims centrally.

Example scenarios

Hypothetical 1 — Decedent domiciled in Kentucky but died while visiting another state: Open probate in Kentucky. If all property is in Kentucky, no ancillary probate will be needed.

Hypothetical 2 — Decedent domiciled in Kentucky but owned vacation property in another state: Open primary probate in Kentucky and then open an ancillary probate in the state where the vacation property sits to clear title or allow sale.

Helpful Hints

• Start in the domiciliary county: the court where the decedent was domiciled is usually the right place to open the main estate.
• Document domicile: gather utility bills, tax returns, voter registration, and other proof to support where the person was domiciled.
• Locate original will and death certificate: many actions require a certified death certificate and the original will (if any).
• Identify asset location: separate assets by situs (real estate by its physical location; bank accounts and securities by institution rules) to spot possible ancillary needs.
• Ask about small‑estate options: small‑estate affidavits or simplified procedures can save time and cost for modest estates in Kentucky.
• Use certified copies: most other states accept certified letters from the Kentucky court for ancillary filings. Plan to obtain certified copies early.
• Get coordinated legal help: it is common to use a Kentucky attorney for the main estate and a local attorney in the other state only if/where ancillary probate is required.
• Watch deadlines: creditor notice deadlines and filing rules vary by state. Promptly opening the primary probate helps preserve rights and meet notice requirements.

Where to learn more

General Kentucky probate resources and forms are available from the Kentucky Court of Justice: https://kycourts.gov. For statutes, see the Kentucky Revised Statutes online: https://apps.legislature.ky.gov/statutes/.

Disclaimer

This is general information about Kentucky probate practice and is not legal advice. Laws and procedures change. For advice about a particular situation, consult a licensed Kentucky attorney who handles probate and estate matters.