Disclaimer: I am not a lawyer. This article is for educational purposes only and does not provide legal advice.
Detailed Answer
When someone dies without a valid will (“intestate”) in Kentucky, KRS Chapter 392 governs who inherits. To determine your father’s heirs, follow these steps:
Step 1: Verify Intestacy
Obtain a certified copy of the death certificate and review your father’s estate plan. If no will exists or the will is invalid, Kentucky’s intestate succession statutes apply.
Step 2: Identify and Classify Relatives
KRS § 392.020 establishes the priority of heirs:
- Spouse and descendants (children, grandchildren)
- Parents and their descendants (siblings, nieces/nephews)
- Grandparents and their descendants (aunts/uncles, cousins)
- Next of kin in the closest degree of kinship
See KRS § 392.020: Kentucky Statutes Chapter 392.
Step 3: Determine Each Share
Once you list all likely heirs, calculate shares under Kentucky law:
- If a surviving spouse and no descendants exist, the spouse inherits the entire estate.
- If a surviving spouse and descendants exist, the spouse takes the first $50,000 plus half of the balance; descendants divide the remainder equally. See KRS § 392.130: Spouse’s Share.
- If no spouse but descendants exist, children inherit equally per stirpes.
- If no spouse or descendants, the estate passes to parents, then siblings, then more remote kin as set out in KRS § 392.020.
Step 4: Gather Documentation
Collect birth certificates, marriage certificates, and any adoption or paternity records. These documents prove relationships and birth order, which matter if half- or full-blood siblings exist.
Step 5: File an Intestate Probate Case
Submit a petition in the county where your father lived. The probate court will appoint an administrator. The administrator compiles a family tree, notifies all potential heirs, and oversees asset distribution under KRS Chapter 396.
Helpful Hints
- Start with a detailed family tree—include stepchildren and adopted children if legally adopted.
- Check both maternal and paternal lines—half-blood relatives inherit equally with whole-blood under Kentucky law.
- Use certified records—uncertified copies may face court challenges.
- Notify all potential heirs promptly—Kentucky law requires notice to distribute the estate correctly.
- Consider a probate lawyer for complex family situations or disputes over heir identity.