Notice Requirements and Procedures for Notifying Creditors in Kentucky Probate

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.

Detailed Answer

When someone dies in Kentucky with assets subject to probate, the executor or personal representative must notify creditors so valid claims can be filed. Kentucky law establishes both individual and publication notice requirements. You must follow these rules closely to avoid personal liability and ensure the estate settles properly.

1. Mail Notice to Known Creditors

Within seven days of your appointment, you must send mailed notice, postage prepaid, to all known or reasonably ascertainable creditors. This includes medical providers, hospitals, and any debt collectors who have contacted the decedent’s estate. Kentucky Revised Statutes (KRS) 395.400 states:

KRS 395.400 – “Within seven days after qualification of the fiduciary, notice shall be mailed to the decedent’s known creditors at their last-known addresses as shown by the decedent’s records.”

2. Publication Notice to Unknown Creditors

If you cannot identify all creditors, you must publish a general notice in a newspaper of general circulation in the county where probate is pending. Publish once a week for three consecutive weeks:

• Choose a newspaper that meets statutory publication requirements.
• Schedule three insertions on different days within three weeks.
• Retain a copy of the printed notices and the publisher’s affidavit.

This publication creates constructive notice, so unknown creditors have a fair opportunity to present their claims.

3. Deadline for Filing Claims

Creditors must present their claims within six months after the first publication date. Claims received after this period are generally barred (KRS 395.457):

KRS 395.457 – “All claims shall be forever barred unless presented within six months after the date of the first publication of notice to creditors.”

4. Proof of Notice

After mailing and publication, file proof with the court:

• Mailing Affidavit: Sworn statement noting the date and addresses mailed.
• Publication Affidavit: Publisher’s certificate showing dates and content of publication.

Under KRS 395.420, these affidavits become part of the probate record and protect you from later claims that notice was insufficient.

Helpful Hints

• Compile a thorough list of known creditors from bank statements, bills, and correspondence.
• Verify each creditor’s current mailing address to reduce missed notices.
• Use certified mail or trackable methods for added proof when mailing notices.
• Schedule newspaper ads early; deadlines can delay publication.
• Keep all affidavits, receipts, and publisher’s certificates together in the estate file.
• Consider consulting an estate attorney if you face complex creditor disputes or high-value claims.