Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When a decedent’s bank accounts remain active and co-heirs refuse to cooperate, you must obtain the proper court documentation to freeze or secure those funds under Kentucky law. The process generally involves the following steps:
- Obtain a Certified Death Certificate
A certified death certificate is mandatory for any probate or administration proceedings. You can request copies from the county health department where the death occurred.
- Determine If a Will Exists
If the decedent left a will, file it with the probate division of the circuit court in the county where the decedent lived.
- File a Petition for Administration
Under KRS 395.020, an interested party (often a spouse or adult child) can petition the circuit court to appoint a personal representative. The petition must list all heirs and creditors and describe estate assets, including bank accounts.
- Post Bond and Obtain Letters
Once you file the petition, the court may require a bond under KRS 395.165. After approval, the court issues Letters of Administration (intestate estate) or Letters Testamentary (testate estate) under KRS 395.205. These letters prove your authority.
- Serve Notice and Request a Freeze Order
After appointment, serve co-heirs and interested parties with notice of administration. You may file a motion asking the court to issue an order restraining financial institutions from disbursing funds except on the written direction of the personal representative.
- Present Documentation to Banks
Provide the bank with the certified death certificate, your Letters of Administration or Testamentary, and any court order freezing the account. Banks are generally bound to honor these documents and suspend further transactions.
Helpful Hints
- Consult a probate attorney to ensure your pleadings meet Kentucky court requirements.
- Compile a full list of the decedent’s assets before filing your petition.
- Keep detailed records of service of process on all co-heirs.
- Consider whether the estate qualifies for the small estate affidavit process under KRS 394.070.
- Maintain open communication with co-heirs to minimize disputes and potential delays.