Detailed answer — step-by-step process under Kentucky law

Note: This is educational information only and not legal advice. For a decision about a specific case, consult a licensed Kentucky attorney.

1) Determine whether there is a probated will

Start by learning if the decedent left a valid will. If a will exists and names an executor, the court generally admits the will to probate and issues letters testamentary to the named executor. If there is no will or the named executor cannot or will not serve, the court appoints an administrator (intestate administration). If multiple people want the appointment, the court will follow Kentucky’s priority rules for appointment of administrators.

2) Confirm the correct venue (which county court handles the estate)

File the petition in the county where the decedent was domiciled (the decedent’s permanent home) at death. County clerk or district court probate offices accept filings. If you are unsure which office to use, contact the county courthouse where the decedent lived.

3) Prepare and file the petition for appointment

The person seeking appointment must file a petition or application with the probate court (often called a petition for administration or for letters of administration). The petition typically must state the decedent’s name, date of death (or approximate date), domicile, whether a will exists, the names and addresses of heirs and beneficiaries, and the petitioner’s relationship to the decedent. Attach the original will (if any) and the death certificate when available.

4) Priority rules — who the court prefers to appoint

Kentucky law sets a preference order for appointment when no executor is available: usually the surviving spouse, then an adult child, then other next of kin, and then a creditor or other qualified person if no family member is available or fits the requirements. If you want to be appointed with someone else, you can ask the court to appoint co-administrators if there is a valid reason (for example, co-ownership of the estate assets or family members living in different areas). The court will evaluate whether co-administration serves the estate’s best interests.

5) Bond and oath requirements

Most administrators must post a fiduciary bond before receiving letters of administration unless the will waives bond or the court orders otherwise. The bond protects the estate against mismanagement. The bond amount is set by statute or court order and varies with estate value. The administrator must also take an oath to faithfully perform duties.

6) Notice to interested parties and creditors

After filing, you normally must notify heirs, beneficiaries, and known creditors. Kentucky law also requires some form of notice to unknown creditors — often by publishing a notice to creditors in a local newspaper for a specified time. The court’s clerk or local rules will explain exact notice and publication requirements.

7) Court hearing and issuance of letters

The court schedules any required hearing to review the petition and objections. If the court grants the petition, it issues formal documents (letters of administration or letters testamentary) that empower the administrator to collect assets, pay debts, and distribute the estate under Kentucky law.

8) Duties after appointment

• Inventory the estate and file required inventories with the court.
• Collect assets, safeguard property, and manage estate affairs.
• Pay valid claims and taxes in the order required by statute.
• File accountings and petitions for distribution; seek court approval for final distribution.

9) Co-administrators

Co-administrators share fiduciary duties. Courts will consider convenience, conflicts of interest, and the potential for delay when deciding to appoint co-administrators. The court may impose directions on how co-administrators must act (for example, joint signatures required on checks) to protect the estate.

10) If another person objects

Any interested person (heir, beneficiary, or creditor) can object to your appointment at the hearing. Common objections include questions about fitness, conflicts, lack of priority, or allegations of undue influence. If there is a contested appointment, the court will hear evidence and decide who is best suited to serve.

Relevant Kentucky statutory and court resources

Kentucky’s probate and fiduciary rules are contained in the Kentucky Revised Statutes and local court rules. For general statute access and to locate specific probate statutes, use the official Kentucky Legislature statutes site: https://apps.legislature.ky.gov/statutes/.

For forms, local procedures, and county contacts, see the Kentucky Court of Justice: https://courts.ky.gov/. County clerk or district court clerks may provide probate filing checklists and specific local requirements.

Because the exact statutory sections and local procedural forms vary by topic (bond amounts, inventory timelines, creditor notice periods), review the relevant KRS sections and local court instructions for precise deadlines and document formats.

Helpful hints

• Locate the original will quickly. If you hold the original will, keep it safe; courts generally require the original for probate.
• Obtain several certified copies of the death certificate early; banks and other institutions require them to release assets.
• Talk to the county clerk or probate court clerk before filing. Clerks can tell you local filing fees, required forms, and whether bond will be required.
• Prepare a short heir/beneficiary list with contact information to speed required notices.
• If you expect disputes or complicated assets (business interests, out-of-state property), consult a probate attorney early to avoid delays and mistakes.
• Keep careful, contemporaneous records of all estate transactions, receipts, and distributions for court accounting and to defend against objections.
• If a will waives bond, obtain a court order or cite the will’s waiver language; the court still has discretion to require bond in some circumstances.
• Remember co-administration increases complexity — propose it only when necessary and provide a clear plan for joint decision-making.