Detailed Answer
If your deceased parent was the sole owner of a property in Kentucky, you must follow state probate and real‐property rules to establish new ownership. These steps assume no prior legal knowledge.
1. Locate a Will (If One Exists)
• Search the county clerk’s office in the county where your parent lived or where the property sits for a will.
• If you find a valid will, the named executor opens probate and distributes property per the testator’s instructions under Kentucky Revised Statutes § 381.130 (KRS 381.130).
2. Intestate Succession (No Will)
If your parent died without a will, Kentucky’s intestate succession statute dictates distribution:
- Under KRS 381.020 (§ 381.020), children inherit the entire estate in equal shares.
- If a child predeceased the parent but left children, those grandchildren step into their parent’s share.
- A surviving spouse also has rights under KRS 381.010 et seq.
3. Open Probate or Obtain Administration
• File a petition for probate (with a will) or for letters of administration (no will) in the District Court’s Probate Division in the county where the property is located.
• The court issues letters testamentary or letters of administration, granting legal authority to handle the estate.
4. Transfer Title to Heirs
With court authorization you can:
- Prepare and record a new deed conveying the decedent’s interest to the rightful heirs.
- Use an Affidavit of Heirship for record purposes if permitted by the recorder’s office; many counties allow an affidavit showing heirship once probate closes.
All recorded instruments must reference the original deed book and page and include the court order or affidavit.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to guide you through Kentucky probate and real‐property procedures.
Helpful Hints
- Obtain several certified copies of the death certificate from the county clerk.
- Visit the county clerk’s office to search unrecorded wills or codicils.
- Check online property records for the deed book and page number.
- Meet filing deadlines for probate petitions—usually within a year of death.
- Keep detailed records of all filings and recorded documents.
- Consider consulting a probate attorney if heirs disagree or if the estate is complex.