Disclaimer: This article provides general information about Kentucky intestate succession and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Statutory Framework for Intestate Succession
Under Kentucky law, when a person dies without a valid will (intestate), their property passes according to the provisions of Kentucky Revised Statutes (KRS) Chapter 392. If the decedent has no surviving spouse but is survived by descendants, the entire estate divides among those descendants.
KRS 392.020: Division Among Descendants When No Spouse Survives
KRS 392.020 states: “If there is no surviving spouse, the real and personal property of the intestate shall be distributed to the descendants…” (see KRS 392.020). In plain terms, when an individual dies with three living children and no spouse, each child inherits an equal one-third share of the estate.
Probate and Distribution Process
1. Filing for Probate: A beneficiary or creditor files a petition in the district court of the county where the decedent lived.
2. Appointment of Personal Representative: The court appoints an administrator to manage the estate.
3. Notice Requirements: The administrator must notify all heirs and publish notice to creditors as required by KRS 395.025.
4. Inventory and Appraisal: The administrator compiles a full inventory of assets and liabilities.
5. Payment of Debts and Expenses: Creditors submit claims; valid claims get paid from the estate.
6. Final Distribution: After debts and expenses, the administrator distributes the remaining assets equally to the three children, each receiving one-third.
Helpful Hints
- Locate any existing will to confirm intestacy.
- Identify all biological and legally adopted children; verify with birth or adoption certificates.
- Gather documentation of assets—bank accounts, real estate deeds, investments.
- File the probate petition promptly to avoid delays; Kentucky deadlines for creditor claims can be strict.
- Keep detailed records of all estate transactions and communications with heirs.
- Consider consulting a probate attorney to navigate court procedures and ensure compliance with KRS Chapter 392.