Detailed Answer
If a person dies without a valid will in Kentucky, the court appoints an administrator to settle the estate. To apply for letters of administration, you must file a petition and supporting documents with the county clerk. Below is a summary of the key documents and statutory requirements under Kentucky law:
1. Petition for Letters of Administration
Under KRS 396.030, the petitioner files a written application (often called a “Petition for Administration”) stating the decedent’s name, date of death, county of residence, and the petitioner’s relationship to the decedent.
2. Certified Copy of the Death Certificate
KRS 396.080 requires a certified death certificate to prove the decedent’s passing. Obtain this from the Kentucky Office of Vital Statistics or the local health department.
3. Oath of Personal Representative
Under KRS 396.070, the administrator must swear an oath to faithfully perform the duties of administration. Courts often provide a standard oath form.
4. Surety Bond
Unless waived by the court, a bond ensures the administrator follows court orders. See KRS 396.100. The bond amount typically equals 12% of the gross estate value. A licensed surety company issues the bond and provides a power-of-attorney endorsement.
5. List of Next of Kin or Affidavit of Heirs
Provide a verified list of the decedent’s heirs, including names, ages, and addresses. Some counties require a sworn Affidavit of Heirs to identify the legitimate parties entitled to share in the estate.
6. Inventory and Appraisement
Within 90 days of appointment, Kentucky law (KRS 396.160) mandates filing a detailed inventory of the decedent’s assets, with appraised values.
7. Filing Fee
Pay the applicable county clerk fee when submitting the petition. Fees vary by county and estate size.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney or the county clerk for guidance specific to your situation.
Helpful Hints
- Contact your local county clerk for standardized forms and fee schedules.
- Obtain multiple certified death certificates for banks and government agencies.
- Consider hiring a probate attorney if the estate holds real property or complex assets.
- Gather copies of bank statements, titles, and insurance policies before filing.
- Keep detailed records of all estate transactions to simplify accounting.