Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
When a homeowner in Kentucky dies without a will (intestate), Kentucky’s intestacy laws (KRS 391.010 et seq.) govern who inherits the property. The estate must go through probate, the court-supervised process for transferring title.
1. Identify Heirs Under Intestate Laws
KRS 391.010 outlines the order of inheritance: spouse, children, parents, siblings, and others. For example, if the decedent leaves a spouse and children, the spouse receives one-half of the estate’s “net worth” and children divide the remainder equally. (KRS 391.010).
2. Open Probate and Appoint an Administrator
An interested party files a probate petition in the district court of the decedent’s county. The court issues letters of administration appointing an administrator to manage and distribute estate assets. (KRS 395.020).
3. Inventory Assets and Pay Debts
The administrator inventories estate assets, including the home, notifies creditors, and settles valid claims. Only after debts and expenses are paid can the property be distributed.
4. Transfer Title by Deed
Under KRS 396.020, the administrator executes a deed to convey the inherited home to heirs according to their statutory shares. This deed must be recorded with the county clerk to transfer legal title. (KRS 396.020).
5. Partition Action if Heirs Disagree
If heirs cannot agree on keeping or selling the property, any co-owner may file a partition action under KRS 427.300. The court can physically divide the land or order a sale, then distribute proceeds among heirs. (KRS 427.300).
Helpful Hints
- Initiate probate promptly to protect estate assets and avoid delays.
- Compile thorough family records to ensure all heirs are identified.
- Obtain title insurance when recording the new deed to guard against title defects.
- Consider a buyout agreement if some heirs wish to retain the property.
- Seek guidance from a qualified attorney for complex estate issues.