Full Probate Administration
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PROBATE & ESTATE ADMINISTRATION
Full Probate Administration in Kentucky
Somebody has died and you have been named executor, or you are the person the family has turned to. Probate is the court process that gives you legal authority to deal with what they owned, pay what they owed, and pass on what remains.
In Kentucky it is a district court process with a defined timetable: an inventory due within two months of your appointment, a six-month window in which creditors may bring claims, and a settlement that cannot be filed before six months have passed. A straightforward estate commonly takes eight months to a year.
It is administrative work with real deadlines and real personal exposure for the person doing it. We guide executors and administrators through it, and in many estates the work is more procedural than contentious, which keeps the cost proportionate.
Recently bereaved and unsure what to do first? Call (502) 348-2108 for a free consultation.
What Probate Administration Involves
Probate is the court-supervised process of proving a will where there is one, appointing a personal representative, gathering and valuing the assets, dealing with debts and taxes, and distributing what is left to the people entitled to it.
The personal representative is called an executor where named in a will and an administrator where the person died without one. Either way the role carries fiduciary duties owed to the beneficiaries and creditors of the estate, and the court supervises the process from appointment through settlement.
Probate applies to property held in the deceased sole name. Assets with a beneficiary designation, a payable-on-death instruction or valid survivorship language pass outside it. In many Kentucky estates the probate portion is a good deal smaller than the family expects, which is worth establishing early because it determines what is needed.
The Kentucky Timetable
The statutory deadlines shape everything, and missing them is where personal liability arises.
Appointment and inventory
An application is made to the district court in the county where the deceased lived, with the original will if there is one. The court appoints the personal representative and issues letters, which is the document banks and other institutions will ask to see. A bond may be required unless the will waives it. Under KRS 395.250, the personal representative must file an inventory of the estate within two months of qualifying, using the court form and filed under seal.
Creditors, settlement and closing
Creditors have six months from the appointment of the personal representative to present claims under KRS 396.011. That period is why estates cannot be closed quickly: under KRS 395.190 a formal settlement may not be made earlier than six months after appointment. Where all beneficiaries agree, KRS 395.605 permits an informal settlement on notarised waivers, which is faster and less expensive and is the route most uncontested Kentucky estates now take.
Alongside this sits the surviving spouse right to renounce the will under KRS 392.080, exercisable within six months after the will is admitted to probate. A personal representative distributing before that period expires is taking a risk.
What We Handle
Opening the estate
Preparing the application, filing the will, arranging any bond, and obtaining the letters that give you authority to act.
The inventory
Identifying and valuing everything that forms part of the probate estate and filing within the two months KRS 395.250 allows.
Creditors and claims
Managing the six-month claims period under KRS 396.011, assessing claims presented, and paying valid ones in the correct order of priority.
Tax matters
Final income tax returns, and Kentucky inheritance tax where beneficiaries fall outside Class A. Coordinating with your accountant where one is involved.
Real property
Transferring or selling estate real property, and preparing the deeds required to establish a clean chain of title. See affidavit of descent and deed of distribution.
Settlement and distribution
Formal settlement, or informal settlement on waivers under KRS 395.605 where beneficiaries agree, and closing the estate properly so you are discharged.
Kentucky Inheritance Tax
Kentucky is one of the few states that still charges an inheritance tax, and it catches families out because most national material does not mention it. It is charged to the person receiving the property rather than to the estate.
Class A beneficiaries, which includes a surviving spouse, parents, children, grandchildren, siblings and half-siblings, have been fully exempt for deaths after June 30, 1998. For most Kentucky estates that means no inheritance tax at all.
Class B, which covers nieces, nephews, aunts, uncles, great-grandchildren and children-in-law, receives a one thousand dollar exemption and then pays at rates from four to sixteen per cent. Class C, everyone else including cousins and unrelated beneficiaries, receives a five hundred dollar exemption and pays six to sixteen per cent.
The return is due eighteen months from the date of death, with a five per cent discount where the tax is paid within nine months. Kentucky has had no estate tax since January 1, 2005, and the federal estate tax exemption of fifteen million dollars per person for 2026 means federal estate tax is not a live issue for essentially any Kentucky family.
What an Executor Should Do First
The order matters, and several of these are easy to overlook in the weeks after a death.
01
Locate the original will
A copy is not the same thing. Where a Kentucky will known to have been in the testator possession cannot be found, it may be presumed revoked, which is a serious problem best identified early.
02
Secure the property
Lock the house, insure it, and protect valuables and vehicles. An estate that loses assets between death and appointment is a problem for the personal representative.
03
Do not pay debts yet
Kentucky sets an order of priority for claims. Paying a sympathetic creditor first, out of order, can leave you personally responsible for a higher-priority claim.
04
Establish what is actually probate property
Assets with beneficiaries or valid survivorship pass outside probate. Knowing the split determines whether a full administration is even required.
05
Do not distribute anything
Not even personal items to keep the peace. Distribution before claims, taxes and the spousal renunciation period are resolved is the main source of personal liability.
If the estate is small, a full administration may not be needed at all. See dispensing with administration, or call (502) 348-2108.
Where a Medicaid Claim Is Involved
Where the deceased received Medicaid long-term care benefits, the Commonwealth may present a claim against the estate for reimbursement, and in Kentucky that claim reaches further than most families expect.
907 KAR 1:585 defines estate to include not only probate property but all property in which the recipient held legal title or an interest at death, to the extent of that interest, whether it passed through joint tenancy, tenancy in common survivorship, life estate, living trust or other arrangement.
For a personal representative this has a direct practical consequence. Distributing estate assets to beneficiaries while a valid recovery claim is outstanding can leave you personally exposed, and the claim should be verified rather than simply paid, since the amount and the recoverable interest are both worth examining.
This is one of the more common reasons an otherwise straightforward Kentucky estate needs legal advice. See estate recovery defense.
- Application and appointment in the county district court
- Letters issued, and any bond arranged
- Inventory filed within two months under KRS 395.250
- Creditor claims period of six months under KRS 396.011
- Spousal renunciation possible within six months under KRS 392.080
- Kentucky inheritance tax return due eighteen months from death
- Formal settlement not before six months under KRS 395.190
- Informal settlement on waivers available under KRS 395.605
Probate Counsel in Bardstown and Louisville
Thomas Hamilton has been admitted to the Kentucky bar since 2011 and has concentrated on elder law and estate administration since 2014. He is a member of the Kentucky Bar Association Elder Law Section and the National Academy of Elder Law Attorneys.
We handle estates in district courts throughout Nelson, Bullitt, Washington, Marion, Larue, Hardin, Anderson, Spencer and Jefferson counties, from 117 E. Stephen Foster Avenue in Bardstown and the First Trust Centre, 200 S. 5th Street in Louisville.
We will tell you at the outset whether a full administration is actually needed, because for many estates it is not. The initial consultation is free. Schedule a consultation.
Mistakes That Cost Executors
Distributing early
The most frequent source of personal liability. Beneficiaries apply pressure and a well-meaning executive pays out before claims, taxes and the renunciation period are resolved.
Paying debts in the wrong order
Kentucky sets a priority for claims. Paying the most insistent creditor first can leave you personally answerable to one who ranked higher.
Missing the two-month inventory deadline
KRS 395.250 sets a firm date, and courts do enforce filing obligations.
Commingling estate funds
Open a separate estate account immediately. Mixing estate and personal money makes every later question harder to answer.
Overlooking Kentucky inheritance tax
Class A beneficiaries are exempt, but where nieces, nephews or unrelated beneficiaries inherit, a return and payment are required and the deadline is real.
Ignoring a Medicaid recovery claim
Distributing while a valid claim is outstanding is a direct route to personal exposure. Verify it, do not simply pay it, and do not simply ignore it.
FREQUENTLY ASKED QUESTIONS
Common Questions About Kentucky Probate
How long does probate take in Kentucky?
A straightforward estate commonly takes eight months to a year. The timetable is set by statute: an inventory within two months of qualifying under KRS 395.250, a six-month creditor claims period under KRS 396.011, and a formal settlement that cannot be made earlier than six months after appointment under KRS 395.190. Where all beneficiaries agree, an informal settlement under KRS 395.605 can shorten the closing stage.
Does a will avoid probate?
No. A will is the instruction manual the probate court follows, not a way around it. Avoiding probate requires assets to pass another way, such as through a funded revocable trust, a valid survivorship deed, or beneficiary and payable-on-death designations.
Do we need a full probate administration?
Not always. Where the personal estate is thirty thousand dollars or less after preferred claims, Kentucky allows a simplified court process to transfer assets without a full administration under KRS 395.455, using the exemption in KRS 391.030. Where most assets pass by beneficiary designation or survivorship, the probate estate may be very small or nonexistent.
Can an executor be held personally liable?
Yes. The most common routes are distributing to beneficiaries before debts, taxes and claims are resolved, paying creditors out of the statutory order of priority, and commingling estate funds with personal money. Most of that exposure is avoidable with proper administration from the start.
Does Kentucky have an inheritance tax?
Yes, and it is unusual in that respect. It is charged to the person receiving the property. Class A beneficiaries including a spouse, parents, children, grandchildren and siblings are fully exempt for deaths after June 30, 1998. Class B and Class C beneficiaries pay after small exemptions at rates from four to sixteen per cent depending on class. Kentucky has had no estate tax since January 1, 2005.
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CONTACT
You Do Not Have to Navigate This Alone
Executors carry real duties and real personal exposure. Let us handle the process while you look after your family. Call attorney Thomas Hamilton at (502) 348-2108 or use the form below.
Phone:
Address:
117 E. Stephen Foster Avenue, Bardstown, KY 40004