Detailed Answer
When a person dies owning real estate in Kentucky, the property must pass through probate unless it already transferred by operation of law (for example, joint tenancy or a living trust). Probate ensures valid title transfer, payment of debts, and distribution to beneficiaries under the will or by intestate succession.
- Locate and Review the Will (KRS 394.020)
Check for a valid will that devises real property. Under KRS 394.020, a properly executed will governs distribution. - File for Probate and Letters Testamentary or Administration (KRS 395.010)
File a petition in the county where the decedent lived. The court admits the will (if any) and issues letters to the executor or administrator. See KRS 395.010. - Give Notice to Creditors (KRS 395.305)
Publish notice and mail it to known creditors. Creditors have up to six months to file claims. This ensures any liens against real property surface before transfer. - Inventory and Appraise Real Property (KRS 396.020 & 396.120)
Within three months, the personal representative must file an inventory listing all assets, including real estate, with an appraised fair market value as of the date of death. See KRS 396.020 and KRS 396.120. - Settle Debts, Taxes, and Expenses
Use estate assets to pay valid creditor claims, final income taxes, and administration costs. Clear title by satisfying liens and mortgages. - Determine Distribution Method
If a valid will exists, distribute real property per its terms. Without a will, follow the intestate succession rules in KRS 391.010. - Prepare and Record Deed or Transfer Instrument
After Court approval of the final distribution, draft a deed or other conveyance to the beneficiary. File it with the county clerk where the property lies. Recording requirements appear in KRS 382.261 and related sections. - Obtain Court Discharge
Once distribution completes, petition the court to discharge the personal representative. This shields them from future claims.
Helpful Hints
- Hire a Kentucky-licensed real estate appraiser approved by the probate court.
- Gather certified copies of prior deeds to confirm current ownership and legal description.
- Consult a title company or attorney to clear any hidden liens or easements.
- Keep detailed records of all notices, debts paid, and distribution paperwork.
- Check deadlines carefully: missing the inventory or creditor notice deadline can delay or jeopardize distribution.
Disclaimer: This article provides educational information only and is not legal advice. Always consult an attorney for guidance on your specific situation.