The below article is meant for informational purposes regarding the probate process in Kentucky. Rockpoint Probate Funding DOES NOT provide funding services for estates based in Kentucky.
When a loved one dies in Kentucky, distributing what they leave behind isn’t always immediate. Often, the estate must go through probate—a legal process that verifies a will (if one exists), settles debts, and confirms who inherits. Below is a clear outline of how Kentucky probate generally works, why it can take time, and what happens if someone dies without a will.
The Basics: What Is Probate?
Probate in Kentucky involves:
- Verifying a will (if available)
- Gathering an estate’s assets (like homes, bank accounts, personal items)
- Paying off any debts or taxes
- Passing on leftover property to heirs or beneficiaries
Even if a person left a valid will, state law requires following certain steps to avoid fraud or theft. This means official documents have to be filed in the county where the deceased lived.
Must Every Estate Go Through Probate?
In many cases, yes. If assets are worth more than $40,000 or include certain types of property, families usually need to file probate paperwork. That said, there are ways around it:
- Living Trust: Items placed in a trust often bypass probate, as they pass to beneficiaries automatically.
- Small Estate Affidavit: If the estate is worth under $40,000 and doesn’t have extensive real property, families can file a Petition to Dispense With Administration to skip full probate.
Filing the Will and Starting Probate
Kentucky law typically expects the will to be filed within 30 days of someone’s death. Although families have up to 10 years to formally begin probate, it’s wise to start sooner—no one can distribute assets legally until the process finishes. If you wait too long to file, the named executor (or a family member if there’s no will) might face penalties.
Steps in the Process
- Finding and Presenting the Will
The original will (if it exists) goes to the county’s probate court, along with a death certificate. - Appointing an Executor
If a will names someone (called an executor or personal representative), the court confirms that role. If no will exists, the court names an administrator. - Listing and Appraising Assets
The executor collects property, from real estate to bank accounts, and calculates each item’s worth. This can be time-consuming, especially if many assets exist. - Paying Debts
All legitimate bills and taxes must be covered. The executor might need to sell some property if the estate doesn’t have enough cash. - Distributing What’s Left
After debts are cleared, the rest goes to heirs under the will or, if there’s no will, under Kentucky’s intestate rules. - Closing the Estate
Once everything is settled, the executor files final paperwork so the court can conclude probate.
Kentucky law (KRS 395.190) says the procedure must remain open for at least six months to give creditors time (usually 150 days) to file claims. If disputes arise, the timeline can stretch past a year.
Dying Without a Will
When no valid will is left, Kentucky’s intestate succession laws say who inherits. If you’re married, your spouse typically receives some or all of the estate, possibly sharing with children. If neither spouse nor children exist, parents or siblings may inherit. Assets generally can’t be distributed until after probate and any debt resolution.
Estate and Inheritance Taxes
Kentucky doesn’t charge an estate tax, but it has an inheritance tax on certain beneficiaries if they receive assets above a modest threshold. Spouses, children, grandchildren, siblings, and parents usually pay no inheritance tax, while aunts, uncles, nieces, nephews, and friends often do. The amount depends on the asset values they receive.
Getting Inheritance Funds Early
Because probate can take months, some families need the inheritance right away to cover things like funeral bills or mortgage payments. An inheritance advance from Rockpoint Probate Funding can help in certain states by giving heirs part of what they’re due upfront, with repayment taken directly from their portion once probate ends. However, Rockpoint currently isn’t able to fund estates based in Kentucky, though they can serve some estates in other Southern states.
Key Takeaways
- Kentucky probate ensures everything is done fairly and in line with the decedent’s wishes or state law.
- The standard process demands a wait of at least six months, often longer for complicated estates or if conflicts arise.
- Some estates (under $40,000) or items in living trusts might bypass traditional probate.
- If you need money sooner, in places where Rockpoint can fund, an advance may help stabilize finances while waiting for probate’s final distribution.
