Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Under Kentucky law, letters of administration empower an individual to manage and distribute an intestate decedent’s estate. If the decedent died without a will, you must follow steps outlined in KRS Chapter 395 to apply.
Step 1: Confirm Eligibility
- Only an heir or person with priority under KRS 395.070 may apply.
- Ensure no personal representative has been appointed.
Step 2: Prepare Required Documents
- Original death certificate.
- List of known heirs with their addresses.
- Estimated value of estate assets.
Step 3: Complete AOC Forms
Download probate forms from the Kentucky AOC website: https://apps.courts.ky.gov/aocforms/. Commonly required forms include:
- AOC-775: Application for Letters of Administration
- AOC-776: Oath of Administrator and Bond
- AOC-777: Administrator’s Acceptance of Appointment
- AOC-780: Notice to Heirs and Interested Parties
- AOC-781: Order Admitting Administrator; Letters of Administration
Step 4: File with the County Court Clerk
- Submit completed forms, death certificate, and filing fee to the clerk’s office in the county where the decedent resided.
- Provide copies of the AOC-780 notice to all heirs at least 14 days before the hearing.
Step 5: Attend the Court Hearing
At the hearing, the judge will review your application, verify bonds under KRS 395.070, and adjudicate your suitability. If approved, the court issues certificates of appointment and the clerk issues the official Letters of Administration (AOC-781).
Key Statutes
- KRS 395.020 (Application for Letters of Administration): https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47045
- KRS 395.070 (Bond Requirements): https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47048
Helpful Hints
- Verify current form numbers and fees at the AOC website before filing.
- Maintain clear records of notices sent to heirs.
- Secure a surety bond if personal property exceeds statutory limits.
- Consider consulting an estate attorney if the estate has unusual assets or disputes.
- Keep copies of all court filings and orders for your records.