How Probate Works in Kentucky

File a petition in District Court to probate the will and/or appoint an executor or administrator (form AOC-805). The personal representative qualifies by oath and, if the court orders it, a bond. An inventory must be filed within 90 days of qualifying; it is filed under seal and a copy goes to the Department of Revenue. Creditors present their claims, and the representative may distribute the estate six months after qualifying. The estate is closed by a periodic or final settlement (or an informal final settlement where allowed), after which the representative can be discharged.

Options include: (1) dispensing with administration when the $30,000 spouse/children exemption plus preferred claims covers all distributable assets (KRS 395.455); (2) dispensing with administration by written agreement of all beneficiaries when there are no debts, creditors have been advertised for, and taxes are provided for (KRS 395.470); and (3) an informal final settlement, available six months after appointment, where the fiduciary is the sole beneficiary or all beneficiaries sign verified waivers (KRS 395.605).

Claims that arose before death are barred unless presented within six months after the personal representative is appointed, or, if no representative is appointed, within two years after death. Secured claims (to the extent of the security) and claims covered by liability insurance are not affected.

A Kentucky resident 18 or older may serve, as may qualifying banks and trust companies. A nonresident may serve only if related to the decedent by blood, marriage or adoption, or is the spouse of such a relative. For an estate without a will, the court prefers the surviving spouse, then those next entitled to inherit. A bond is not required except for a public administrator or curator, or when the court decides a surety bond is needed to protect the estate.

Kentucky has no small estate affidavit. Instead, the surviving spouse (or, if there is none, the surviving children) may ask the District Court to set apart up to $30,000 of personal property or money as exempt. If that exemption, together with preferred claims paid, equals or exceeds the estate's distributable assets, the court may dispense with administration and order the assets transferred.

District Court handles probate of wills; contested probate matters are heard in Circuit Court. The Administrative Office of the Courts does not keep court case records: requests for copies of district or circuit court records go to the Office of Circuit Court Clerk in the county where the case was handled. Online public access is offered only for Court of Appeals and Supreme Court cases (C-Track Public Access).