Overview — Serving as Administrator of an Intestate Estate in Kentucky

If your mother died without a will (intestate) and you want to apply to serve as the estate’s administrator under Kentucky law, this FAQ explains the typical steps, who has priority, what documents you’ll need, and important duties after appointment. This is a general, plain-language guide to help you understand the process and decide whether to proceed or consult a lawyer.

Disclaimer: This is educational information only and not legal advice. Laws change and every case is different. Consult a Kentucky attorney or the local district court if you need legal advice or help preparing filings.

Detailed answer — How to apply to be administrator (step‑by‑step)

1. Confirm intestacy and venue

Because your mother died without a will, her estate is handled under Kentucky’s laws for intestate succession and estate administration. Probate/administration proceedings are generally commenced in the district court in the county where the decedent lived at death. For the statutory framework on administering estates, see Kentucky’s statutes on administration of estates: KRS Chapter 395 — Administration of Estates.

2. Determine who has priority to be appointed

Kentucky law gives priority to certain family members to be appointed as administrator. Commonly the surviving spouse has first priority, then the decedent’s children, then other next‑of‑kin. If multiple persons in the same priority class seek appointment, they may need to agree among themselves or ask the court to pick. If you are a child of the decedent, you are generally an appropriate candidate; the court will check for conflicts (for example, if someone more closely related or the surviving spouse is seeking the job).

3. Gather documents and information before filing

Typical documents and facts the court will want when you file:

Certified copy of the death certificate;
Your photo ID (driver’s license, state ID, passport);
Basic information about heirs and next‑of‑kin (names, addresses, relationship to the decedent);
Approximate list of assets (bank accounts, real estate, vehicles, retirement accounts, life insurance payable to the estate, etc.) and known debts;
Any known creditor information (for required creditor notice);
If available, any preprinted court forms required by the local district court.

4. File a petition for administration at the district court

To start the case you (or someone else eligible) must file a written petition with the district court in the county where your mother lived. The filing asks the court to appoint an administrator and to issue letters of administration (the court’s official authorization to manage the estate). Courts may call the document a “Petition for Administration,” “Application for Letters of Administration,” or similar. The court will charge a filing fee. If you cannot afford the fee, ask the clerk about a fee waiver process.

5. Bond, oath, and issuance of Letters of Administration

If the court appoints you, you will generally be required to take an oath and post a bond unless the court waives the bond (sometimes heirs may waive bond by agreement). The bond is a surety to protect the estate against wrongful acts. After taking the oath and posting bond (if required), the court will issue Letters of Administration — the official document allowing you to collect assets, pay bills, and manage estate business on behalf of heirs.

6. Notice and creditor claims

After an administrator is appointed, Kentucky law requires notice to interested parties and gives creditors a defined period to make claims against the estate. The court will provide required notice instructions and may require publication for unknown creditors or heirs. Promptly prepare and file any inventory and creditor notices the court requires. See KRS Chapter 395 for the court’s administration and creditor procedures: KRS Chapter 395.

7. Duties as administrator

As the appointed administrator your basic duties include:

Identify, collect, and secure estate assets;
Provide required notices to heirs and creditors;
Inventory and value estate property as the court requires;
Pay valid debts, funeral expenses, and taxes from estate funds in the priority order set by law;
Distribute remaining assets to heirs under Kentucky’s intestacy rules;
Keep careful records and file required accountings with the court when requested.

If you fail to perform these duties properly you can be removed and held personally liable for mistakes or mismanagement.

8. Consider alternatives for small or simple estates

Kentucky law provides simplified or informal procedures for very small estates or for assets that pass outside probate (for example, assets with beneficiary designations or joint accounts). Ask the district court clerk whether a small‑estate affidavit, summary procedure, or nonprobate transfer can be used to avoid full administration. Using a simplified procedure can save time and costs when the estate is modest and uncontested.

Helpful hints — practical tips for applicants

Contact the district court clerk in the county where your mother lived before filing. Clerks can tell you the exact forms, local filing fees, and the court’s procedural requirements.
Bring multiple certified copies of the death certificate — banks and other institutions often require originals or certified copies.
Prepare a written list of heirs and their contact information. The court needs current addresses for required notices.
Estimate the estate’s assets and debts before filing. If the estate has significant assets or disputes (real estate, business interests, creditors, tax issues), consult a probate attorney early.
If heirs agree, have them sign a bond waiver or written consent to speed appointment and avoid or reduce bond requirements.
Keep separate bank records for estate funds; never mix estate money with your personal funds.
Be transparent with heirs: provide regular updates and copies of inventories and accountings to reduce conflict and petitions to remove you.
If you anticipate disputes (contested appointment, creditor claims, or allegations about the decedent’s heirs), get legal advice promptly to protect the estate and yourself.
For statute text and legal provisions about administration duties and priorities, consult Kentucky’s administration statutes: KRS Chapter 395.

Where to get local help and forms

– District court clerk’s office in the county where your mother lived — clerks provide filing forms, fee schedules, and local instructions.
– Kentucky Court of Justice website for court contacts and resources: https://kycourts.gov
– Consider contacting a Kentucky probate attorney if estate administration is complex, if there are disputes among heirs, or if significant assets or tax issues exist.

Final notes

Serving as an administrator is a fiduciary role with important duties and potential personal liability for mismanagement. Many people successfully serve on their own for small, uncontested estates; others benefit from an attorney’s help. Start by contacting the local district court clerk to learn the exact steps, and consider at least a consultation with a probate lawyer if you are unsure about any part of the process.

Reminder — not legal advice: This article explains general Kentucky procedures. It is not legal advice. For specific legal guidance about your situation, consult a Kentucky-licensed attorney.