Detailed Answer

Short answer: Not always. Whether probate administration is required in Kentucky when someone dies without a will (intestate) depends on which assets are owned solely in the decedent’s name, the type and value of those assets, and whether anyone else has a legal right to them (for example, as a joint owner or beneficiary).

How Kentucky law treats intestacy and probate

When a person dies without a valid will, Kentucky’s intestate succession rules determine who inherits. If assets are titled only in the decedent’s name, the estate will usually need a personal representative appointed by the probate court to collect assets, pay debts and taxes, and distribute what remains under Kentucky law. The relevant statutes and procedures are found in the Kentucky Revised Statutes and the Kentucky Court of Justice probate rules and guidance. See Kentucky Revised Statutes (KRS) and the Kentucky Court of Justice probate information for more background: Kentucky Revised Statutes (searchable) and Kentucky Court of Justice — Probate Self-Help.

When probate administration is usually required

• If the decedent owned real property (land or a house) solely in their name, probate (or a court procedure) is usually needed to transfer title.
• If the decedent held bank accounts, brokerage accounts, or other assets solely in their name (no named beneficiary and not jointly owned), the probate court normally must appoint an administrator to transfer those assets.
• If there are known creditors or debts, a formal administration helps ensure debts are paid in the correct order and protects the personal representative from personal liability.
• If multiple heirs or potential heirs exist and their interests may conflict, probate provides a formal legal process to resolve claims and distribute assets under Kentucky intestacy rules.

When probate may not be required

• Assets that pass outside probate: property titled with a right of survivorship (joint tenancy with survivorship), payable-on-death or transfer-on-death designations, life insurance or retirement accounts with valid beneficiaries, and assets held in a living trust typically pass directly to the survivor/beneficiary and avoid probate.
• Small estate procedures: many states allow simplified procedures when the estate value is small or when only personal property (not real estate) remains. Kentucky offers simplified procedures in some situations; whether you qualify depends on the types and total value of assets. Check the Kentucky Court of Justice resources for details and forms: Probate Self-Help — Kentucky.
• Informal transfers: some institutions will release modest account balances upon presentation of a death certificate and an affidavit, but institutions differ and may require court paperwork for larger amounts.

Who gets the property if there is no will?

Under Kentucky intestacy rules, the estate distributes to relatives according to a statutory order (surviving spouse, children, parents, siblings, etc.). The exact order and shares depend on which relatives survive the decedent and whether the surviving spouse is also a parent of the decedent’s children. The Kentucky Revised Statutes set out the intestacy rules—see the KRS table of contents to locate the specific intestacy sections: Kentucky Revised Statutes.

Typical probate steps in Kentucky (if administration is required)

1. Locate any will (if none exists, the estate is intestate).
2. Identify assets and determine which require court transfer.
3. File a petition with the local probate court to open an estate and request appointment as administrator (if intestate).
4. Give notice to heirs and publish creditor notice as required by court rules.
5. Inventory assets, pay valid debts and taxes, and resolve claims.
6. Distribute remaining assets to heirs under Kentucky intestacy rules and close the estate.

When to consider hiring an attorney

Consider speaking with an attorney if any of the following apply:

• The estate includes real property in Kentucky.
• Large or complex assets (business ownership, out-of-state property, retirement accounts without clear beneficiaries).
• Potential or disputed heirs, or family disputes about who should receive property.
• Significant creditor claims, tax issues, or potential litigation.
• You are being asked to serve as administrator and want help with court filings and duties.

Helpful Hints

• Start by locating a death certificate, any will, bank statements, deeds, and beneficiary designations.
• Contact institutions (banks, insurers, retirement plan administrators) to ask how each asset will transfer on death and what documentation they require.
• Check whether assets are jointly owned or have beneficiary designations — these often avoid probate.
• Look up the local county probate court’s website or clerk’s office for forms and filing requirements.
• If the estate seems small, ask the probate clerk whether a simplified or small-estate affidavit is available.
• If you expect disputes or complex issues, get an attorney early to avoid costly mistakes or missed deadlines.

Disclaimer: This information is educational only and not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, contact a licensed attorney in Kentucky who handles probate and estate matters.