How to find the rightful heirs and who owns a property after a grandparent dies — Kentucky FAQ

Short answer: Start by locating a will and the death certificate, then check the probate case in the county where your grandparent lived and the county property records where the real estate is located. If there is no will, Kentucky’s intestacy rules determine heirs. If title did not transfer automatically (by joint tenancy or beneficiary designation), the estate’s probate or an heirship proceeding will show who now owns the property.

Detailed answer — step by step under Kentucky law

This section explains what to do, what to expect, and how ownership is determined in Kentucky when a grandparent dies. It assumes no prior legal knowledge.

1. Gather key documents

Certified copy of the death certificate (you can request from the state Vital Records office or local health department).
Any original will or trust documents, funeral or estate planning papers, deeds, mortgage statements, bank statements, and insurance policies.
Identification and relationship documents (your birth certificate, your grandparent’s marriage certificate, etc.) if you are trying to prove heirship later.

2. Look for a will or trust

If your grandparent left a valid will or a living trust, the will normally names an executor who files the will and starts probate in the county where the decedent lived. A trust may avoid probate for property held in the trust’s name. Common places to check: a safe deposit box, files at home, an attorney who prepared estate documents, or with close family members.

3. Find out whether probate was opened

Probate filings (administration of the estate) are public records. In Kentucky, those records are handled by the local district court clerk or probate clerk in the county where the decedent was domiciled. Contact the district court clerk’s office or search the court’s online case records for the decedent’s name to see if an estate administration or will probate was filed.

If a probate case was opened, the court file will show the named executor or administrator, the inventory of assets (including real estate), and distributions or orders transferring property. You can request copies of filings from the district court clerk.

4. Check county property and deed records

Real property ownership is determined by the recorded deed. Go to the county clerk or recorder’s office where the property is located and search deed records for the decedent’s name. Many counties have online searchable databases for deeds and mortgages. The deed record will show if the property was transferred to someone else, if it had a joint owner with rights of survivorship, or if it still remains in the decedent’s name.

5. Understand how ownership can pass without probate

Joint tenancy with right of survivorship: If the deed listed a joint owner with survivorship, the property usually passes automatically to the surviving joint owner without probate.
Beneficiary or transfer-on-death arrangements: Some states allow beneficiary deeds or similar designations that transfer title at death—check the deed and conveyance documents.
Trusts: Property held in a living trust passes according to the trust terms without probate.
Life estate or deed restrictions: The deed language controls whether a life tenant’s interest ended at death and who holds the remainder interest.

6. If there is no will — Kentucky intestacy rules and who inherits

When someone dies without a valid will (intestate), Kentucky’s intestate succession rules (the Kentucky Revised Statutes on descents and distributions) determine who the heirs are and who inherits real property. Typically the order is:

Surviving spouse and descendants (children and grandchildren) — distribution depends on whether the surviving spouse is also the parent of the decedent’s descendants.
If no spouse or descendants, the decedent’s parents inherit.
If none of the above, more remote relatives (siblings, nieces/nephews, grandparents, etc.) may inherit under the statute.

To read Kentucky’s statutory rules on descent and distribution, see the Kentucky Revised Statutes (search “descents and distributions” or intestate succession) at the official Kentucky legislature site: https://apps.legislature.ky.gov/law/statutes/.

7. If heirs are unknown or disputed

If you cannot locate heirs or heirs dispute ownership, common options are:

Hire a probate attorney to open an administration and, if necessary, a formal heirship proceeding so the court can determine the rightful heirs.
Use a title company to run a title search; the company may also assist with heir searches and insurance.
Publish legal notices required by probate law to alert unknown creditors and heirs.

8. Small estate procedures and summary administration

Kentucky has summary administration and small-estate procedures for estates that meet statutory thresholds. These procedures can allow heirs to receive personal property (and sometimes real property) without a full probate administration. Whether your situation qualifies depends on the estate value and what assets are involved — check local court rules or consult an attorney or the district court clerk.

9. When to talk to an attorney

Talk to a probate or real estate attorney if:

Title is unclear or a deed was not updated after death.
Heirs are missing, disagree, or cannot be located.
There is a potential creditor claim or a complex estate (multiple properties, businesses, significant debts).
You need to quiet title or remove a cloud on title.

Helpful links (Kentucky resources)

Kentucky Revised Statutes — statutes search and chapters: https://apps.legislature.ky.gov/law/statutes/
Kentucky Court of Justice (court information and how to contact local district court clerks): https://kycourts.gov/
Vital records (death certificates) — Kentucky Cabinet for Health and Family Services: https://chfs.ky.gov/

Practical checklist — what to do next

Get several certified death certificates.
Search for a will (home files, attorney, safe deposit box).
Contact the district court clerk in the county where your grandparent lived to see if probate was filed.
Search the county deed records where the property sits to see current title and any recorded transfers.
Gather documents that prove family relationships if you need to establish heirship.
If you can’t find answers, consider a probate attorney or title company to run an heir search and advise on next steps.

Helpful hints

Start local: county court and county clerk offices are the quickest sources of public records.
Public records are often searchable online, but clerks can help you search if you’re unsure how to proceed.
Joint bank account or joint deed often transfers automatically — look for survivorship language.
Trusts and beneficiary designations avoid probate; check bank and life-insurance beneficiary forms.
Keep careful records of all searches and copies of documents you gather — the court or an attorney will need them.
Heirship can be complex: factual family histories, adoptions, divorces, and stepfamilies can affect who inherits.

Disclaimer: I am not a lawyer. This article provides general information only and is not legal advice. For advice about a specific situation, contact a licensed Kentucky attorney who practices probate or real estate law.