Detailed Answer
Under Kentucky law, a person may serve as the personal representative (also called executor or administrator) of a decedent’s estate if they meet certain eligibility requirements and either are named in the will or are appointed by the probate court. If the decedent left a valid will that names you as personal representative, the court generally honors that choice unless you are disqualified. See KRS 395.240 (Kentucky Revised Statutes §395.240).
If the decedent died intestate (without a will), the court follows a priority list under KRS 395.090 (Kentucky Revised Statutes §395.090) to select an administrator. The order is:
- Surviving spouse;
- Adult child or children;
- Parent or parents;
- Sibling or siblings;
- Nephew or niece;
- Beneficiary of the estate;
- Creditor of the estate;
- Any other person at the court’s discretion.
As a mother-in-law, you are not in the first six categories of preferred kin under Kentucky’s intestacy rules. You fall into the final category (“any other person”). A court will only appoint you if all higher-priority relatives decline, are disqualified, unqualified (e.g., under 18), or cannot be located. Even then, you must be capable of performing the duties of a personal representative.
Key eligibility requirements include:
- Age 18 or older;
- Sound mind (legally competent);
- Not convicted of felony in Kentucky or jurisdiction of residence (unless civil rights restored);
- Posting bond if required by the court (bond may be waived for close relatives);
- Residency considerations: non-residents may need a resident agent or co-personal representative.
To open the estate, you file a petition in the probate division of the district court in the county where the decedent lived. You submit the death certificate, the will (if any), and your application (petition for administration). The court issues letters of administration or letters testamentary once you’re appointed.
Helpful Hints
- Check the will first: If the decedent named you, courts defer to that choice.
- Priority matters: Spouses and children have automatic preference.
- Bond waivers: Kentucky may waive bond for a surviving spouse but rarely for other relatives.
- Consult the clerk: Probate procedures can vary slightly by county.
- Gather documents: Death certificate, will, list of heirs and assets.
- Be honest: Courts review criminal history and mental capacity before appointing a representative.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified Kentucky attorney about your specific circumstances.