Detailed Answer
Short answer: In Kentucky, if your sister died without a will (intestate), you can petition the local circuit court to be appointed administrator (personal representative) of her estate. The court awards appointment based on statutory priority among heirs, the best interests of the estate, and whether you can meet bond and notice requirements. This article explains the typical steps, what the court looks for, and how intestate property is distributed under Kentucky law.
1. Confirm intestacy and the decedent’s domicile
First, confirm your sister died without a valid will. If there is no will, Kentucky’s intestate succession rules apply (see KRS Chapter 391). Also confirm where she was legally domiciled (lived) at death — probate filings go in the circuit court of the county where she was domiciled.
Reference: Kentucky statutory law on intestacy: KRS Chapter 391 (Descent and Distribution). For the Kentucky statutes landing page, see https://apps.legislature.ky.gov/law/statutes/.
2. Who has priority to be appointed administrator?
Kentucky courts generally follow a priority list for appointing an administrator. The court gives preference to close family members and to a person nominated by a majority of the heirs. Typical priority order is:
- Spouse
- Adult children
- Parents
- Siblings
- Other next of kin or interested persons
If there is no spouse, children, or parent, a sibling (you) will often have priority. If multiple people claim the appointment, the court decides after notice and possible hearing. The court also considers whether the proposed administrator is a suitable person to manage the estate.
3. Prepare and file a petition for administration
To start probate you (or your attorney) file a Petition for Administration (sometimes called Petition to Open Administration) with the circuit court clerk in the county of your sister’s domicile. Typical contents of the petition include:
- Decedent’s name, date of death, and last known address
- Statement that there is no will (intestate)
- Your relationship to the decedent and that you seek appointment
- Known heirs and addresses (or as many as you can locate)
- An estimate of the value and nature of the estate assets
The clerk’s office can provide local forms and filing instructions. If you cannot locate all heirs, tell the court what you have done to find them.
4. Notice, bond, and letters of administration
After you file, the court will generally require notice to heirs and potential creditors. The court will also determine whether you must post a fiduciary bond. The bond amount is usually calculated to protect estate assets; however, heirs who are entitled to inherit may be able to waive the bond or consent to a reduced bond.
When the court approves your appointment and bond, it issues Letters of Administration (or Letters Testamentary if there were a will), which give you authority to act for the estate — collect assets, pay bills and taxes, and distribute property according to intestacy rules.
5. Inventory, creditor notices, and administration duties
As administrator you must:
- Inventory estate assets and file required inventories with the court
- Notify creditors and allow statutory time for claims (Kentucky law sets deadlines and procedures)
- Pay valid debts, funeral expenses, and taxes from estate assets
- Manage and preserve estate property
- Distribute remaining assets to heirs under the intestate rules (KRS Chapter 391)
- File a final accounting and petition for discharge when administration is complete
Follow the court’s timetable and local rules for filings; some courts require interim reports or specific forms.
6. Distribution to heirs under intestacy
After debts and expenses are paid, the estate is distributed under Kentucky’s intestate succession rules. If your sister left no spouse or descendants and parents are not living, siblings typically inherit, either equally or by representation if a sibling is deceased and left children. See KRS Chapter 391 for details on distribution priorities.
7. Situations that complicate appointment
- Contested appointment: Other relatives can oppose your appointment; the court will schedule a hearing.
- Creditor or tax issues: Large creditor claims, pending lawsuits, or tax liabilities can complicate and lengthen administration.
- Out-of-state property: Real estate in another state may require ancillary probate in that state.
Practical next steps
- Contact the circuit court clerk in the county where your sister lived to ask for local probate forms and filing requirements.
- Locate the certified death certificate and any bank/asset records you can find.
- Identify and list known heirs and their contact information.
- Decide whether to consult a probate attorney — especially if the estate is complex or contested.
- File a petition for administration and follow the court’s directions on notice, bond, inventories, and accounting.
For general probate forms and procedural guidance, see the Kentucky Court of Justice website: https://courts.ky.gov/, and the Kentucky statutes landing page for applicable chapters: https://apps.legislature.ky.gov/law/statutes/.
Disclaimer: This article explains general Kentucky probate concepts and is not legal advice. Laws and local rules change. For help tailored to your situation, consult a licensed Kentucky attorney or the circuit court clerk in the county where the decedent lived.
Helpful Hints
- Start early — probate timelines and creditor deadlines matter.
- Get multiple certified death certificates (banks and agencies often require originals).
- Ask heirs to sign a bond waiver if they agree you should serve; waivers can simplify appointment and reduce costs.
- Keep meticulous records and receipts — the court will expect an accurate inventory and accounting.
- If the estate is small, ask the clerk about any simplified or summary procedures that may apply.
- If another heir wants to be administrator and you both want the role, consider negotiating a co-administrator solution or an agreement to avoid a contested hearing.
- When in doubt, consult a probate attorney early — even an hour of advice can prevent costly mistakes.