Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance specific to your situation.
Detailed Answer
When someone dies in Kentucky, their assets—including bank accounts—must go through probate before distribution. Probate gives the court the authority to validate the will (if one exists), appoint a personal representative, settle debts, and distribute remaining assets. You cannot simply write a check against the deceased’s account without proper legal authority.
1. Identify the Personal Representative
If the decedent left a valid will, it names an executor. Without a will, the court appoints an administrator under KRS 391.180. The court issues Letters Testamentary or Letters of Administration. Banks require these letters plus a certified death certificate to release funds.
2. Opening Probate
File a petition in the county where the decedent lived. The court sets a hearing to admit the will (if any) and approves the personal representative. Once approved, the representative receives official letters. This process follows KRS 391.160–391.220. Expect 4–8 weeks for a straightforward estate.
3. Accessing Funds to Pay Expenses
Under KRS 395.090(2), the personal representative may withdraw funds to cover funeral costs, taxes, and ordinary administration expenses once they obtain letters. Present the bank with:
- Certified death certificate
- Original letters of administration or testamentary
- Identification matching the executor/administrator
4. Small Estate Affidavit Alternative
If the total estate (excluding real estate) is worth $50,000 or less, heirs or a surviving spouse can use the small estate procedure under KRS 396.030. That allows a simplified affidavit instead of full probate. The bank will release up to $50,000 after verifying the affidavit and death certificate.
5. Final Distribution
After paying valid debts and expenses, the personal representative prepares an inventory and accounting. The court reviews and approves distribution to beneficiaries or heirs under KRS 391.230. Only then can remaining bank funds transfer to heirs.
Helpful Hints
- Contact the bank early to learn its probate requirements.
- Keep detailed records of all withdrawals and disbursements.
- Notify creditors and publish notice if required by KRS 391.330.
- Obtain a closing letter from the court to confirm final discharge.
- Consider hiring a probate attorney if the estate has complex assets or multiple creditors.