Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When a person dies without a valid will (intestate) in Kentucky, the court appoints an administrator to manage the estate and distribute assets according to state law. A potential heir can petition to serve as that administrator by following these steps:
- Determine Intestate Status: Confirm that no valid will exists in the county where the decedent lived. The clerk’s office can check for filed wills.
- Identify Eligible Heirs: Under Kentucky law, the court gives priority for appointment in this order: surviving spouse; children; grandchildren; parents; siblings; next of kin. See KRS 395.020 (Order of Appointment).
- File a Petition for Letters of Administration: The potential heir files a petition with the county’s probate court or with the clerk of the district court. The petition should include:
- The decedent’s full name, date of death, and last known address.
- The petitioner’s relationship to the decedent and status as heir.
- A list of known heirs and beneficiaries.
- Post a Bond: Most heirs must post a surety bond to protect the estate. Kentucky Revised Statutes require the bond amount to equal or exceed the probable value of the estate (KRS 395.130: Bond Required).
- Serve Notice: The petitioner serves notice on all interested parties, including creditors and heirs. This step ensures transparency and gives others a chance to object.
- Attend a Court Hearing: If there are no objections, the court issues “Letters of Administration,” officially appointing the petitioner as administrator. If multiple heirs of equal priority apply, the court may decide based on who is most qualified or willing.
- Carry Out Duties: After appointment, the administrator must collect assets, pay valid debts, file tax returns, and distribute property following KRS 391 and KRS 395.
Helpful Hints
- Contact the local probate clerk early to confirm required forms and fees.
- Gather certified copies of the death certificate before filing your petition.
- Speak with potential co-heirs to avoid disputes and streamline the process.
- Consider hiring a probate attorney if the estate has complex assets or multiple claimants.
- Keep detailed records of all estate transactions to simplify final accounting.