Disclaimer: This article provides general information about Kentucky estate administration. It does not constitute legal advice.
Detailed Answer
When a decedent’s estate has not been probated, interested parties must open an administration proceeding under Kentucky law. The following steps guide you through the process:
- Identify Venue. File in the district court of the county where the decedent resided at death. See KRS 395.110.
- Prepare Petition for Administration. Draft a petition listing the petitioner’s relationship to the decedent, the decedent’s assets, known heirs or beneficiaries, and the need for administration. Attach a certified death certificate.
- Select Personal Representative. Propose an executor (if there is a will) or an administrator (if intestate). The court appoints a personal representative under KRS 395.310. The representative must qualify by taking an oath and posting bond when required (KRS 395.400).
- File the Petition. Submit the petition, death certificate, and, if applicable, the bond with the county clerk. Pay filing fees or request a fee waiver if you qualify.
- Notify Heirs and Creditors. Serve notice on all heirs of intestacy or beneficiaries under the will as required by KRS 395.200. Publish a notice to creditors in a local newspaper at least once within 30 days after appointment to protect against late claims (KRS 395.200).
- Inventory and Appraisal. Within 60 days of appointment, file an inventory of estate assets with appraised values under KRS 395.420. Include real property, personal property, bank accounts, and investments.
- Administer the Estate. Collect assets, settle valid debts and taxes, and manage or liquidate property under court oversight. Keep detailed records of all transactions.
- Close the Estate. File final accounts and a petition for distribution. After court approval, distribute remaining assets to heirs or beneficiaries in accordance with KRS 396.010. Obtain court discharge of the personal representative.
Following these steps ensures compliance with Kentucky law and protects the rights of heirs, beneficiaries, and creditors.
Helpful Hints
- Consult an attorney for complex estates or family disputes.
- Gather the decedent’s death certificate, asset records, and heir information before filing.
- Keep a dedicated case file with all court documents, receipts, and correspondence.
- Publish creditor notice promptly to avoid delayed claims that can extend administration.
- File inventories and accountings on time to prevent court sanctions or delays.