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Whether you have just been named executor of a loved one’s estate or want to make sure your own affairs are in order, the probate attorneys at Bunch & Brock in Lexington, Kentucky have guided Central Kentucky families through the process for fifty years. Call (859) 254-5522 to schedule a consultation.
Probate is the court-supervised process of settling a person’s estate after death: identifying and valuing the property, notifying and paying creditors, filing the required reports, and distributing what remains to the heirs or beneficiaries. In Kentucky it is handled by the District Court in the county where the decedent lived — for Lexington residents, the Fayette District Court.
Most people encounter probate only once or twice in their lives, usually at the worst possible time, and the rules are unforgiving. A personal representative who misses a deadline, pays the wrong creditor first, or distributes assets too early can be held personally liable. That is why families across Central Kentucky turn to Bunch & Brock: we handle the filings, the deadlines, and the details so you can focus on your family.
Who We Help
- Executors and administrators who need to open an estate, meet court deadlines, and close the estate properly
- Surviving spouses and children who want to understand what they are entitled to under Kentucky law
- Heirs and beneficiaries with questions about a will, a trust, or how an estate is being handled
- Families with a small estate that may qualify for Kentucky’s simplified procedure instead of full probate
- Individuals and couples who want to plan ahead with a will, trust, power of attorney, and health care directives
- Trustees, guardians, and other fiduciaries who need guidance on their duties
Kentucky Probate Law Changed in 2026 — What Families Should Know
Kentucky enacted the most significant rewrite of its probate laws in decades with Senate Bill 50 (2026 Ky. Acts ch. 134), effective July 15, 2026. The changes affect nearly every estate opened after that date, and the rules that apply depend on the date of death. Among the changes:
- Surviving spouses’ shares when there is no will were rewritten under KRS 391.010, and a spouse’s rights under KRS 392.020 now reach certain non-probate assets — including payable-on-death accounts, jointly held property, and revocable trust assets — that were previously outside the analysis.
- Stepchildren were added to Kentucky’s order of inheritance.
- The estate inventory is now due 90 days after the personal representative’s appointment, rather than 60, and is filed under seal.
- Surety bonds are no longer required of a personal representative by default, though some courts still require one.
- Electronic wills are now recognized under Kentucky’s Uniform Electronic Wills Act.
- The simplified small-estate procedure was expressly extended to estates with a will, not just those without one.
One thing that did not change: Kentucky’s inheritance tax classes and exemptions remain as they were. Spouses, children, grandchildren, parents, and siblings remain fully exempt.
Because two sets of rules now apply depending on when a person died, and the new provisions are still being interpreted, this is not a moment for guesswork. Our attorneys apply the correct framework to every estate we open.
How Our Lexington Probate Attorneys Help
When you retain Bunch & Brock, we begin work immediately. Our probate and estate services include:
- Opening the estate — preparing the petition, obtaining the personal representative’s appointment, and securing the authority needed to access accounts and manage property
- Estate administration — inventory and valuation, creditor notice and claims review, tax filings, and the periodic and final settlements the court requires
- Small-estate petitions — determining whether an estate qualifies for a Petition to Dispense with Administration, which is faster and far less expensive than full probate, and handling the petition from start to finish
- Intestate estates — administering estates where there is no will, and advising heirs on what Kentucky law provides
- Wills, trusts, and estate planning — drafting wills, revocable and irrevocable trusts, financial powers of attorney, living wills, and health care surrogate designations
- Will contests and estate litigation — challenging or defending a will on grounds such as undue influence or lack of capacity, and representing beneficiaries, fiduciaries, and creditors in contested probate and trust matters
- Guardianship and conservatorship — for minor children and incapacitated adults
- Trust administration — advising trustees on their duties and beneficiaries on their rights
What Has to Go Through Probate in Kentucky — and What Doesn’t
Only property titled in the decedent’s name alone, with no beneficiary designation, passes through probate. Common examples are a house or land held in the decedent’s sole name, individually owned bank and investment accounts, vehicles, and personal belongings.
Assets that pass outside probate include:
- Jointly owned property with right of survivorship, including real estate held by a married couple as tenants by the entirety
- Accounts and policies with a named beneficiary — life insurance, retirement accounts, and payable-on-death or transfer-on-death accounts
- Assets held in a living trust, which the successor trustee distributes according to the trust’s terms
Keep in mind that “outside probate” does not always mean “outside the estate’s reach.” Under the 2026 amendments, some non-probate transfers now count toward a surviving spouse’s share, and non-probate assets may still be subject to Kentucky inheritance tax depending on who receives them. Sorting this out is a routine part of what we do.
Small Estates: Kentucky’s Simplified Procedure
Not every estate requires full probate. Kentucky’s Petition to Dispense with Administration under KRS 395.455 allows a surviving spouse, surviving children, or the person who paid the funeral expenses to receive an estate’s assets by a single court order — without the six-month creditor period, without an inventory, and without the periodic and final settlements that a regular probate requires.
The test is whether the estate’s probate assets fall within the surviving spouse’s or children’s statutory exemption (currently $30,000 under KRS 391.030), alone or after preferred claims are paid. Since July 2026, the procedure is available whether or not the decedent left a will.
Bunch & Brock handles most Petitions to Dispense for a flat fee, and in most cases the client does not need to appear in court. If you are unsure whether an estate qualifies, one conversation with our office will usually settle the question.
How Long Does Probate Take in Kentucky, and What Does It Cost?
A regular Kentucky probate cannot be closed sooner than six months after the personal representative is appointed, because creditors have six months to present claims under KRS 396.011. Most uncomplicated estates are settled in six to twelve months. Estates involving real estate sales, business interests, tax issues, or a dispute among heirs can take longer.
The cost of probate depends on the size and complexity of the estate — court costs, the personal representative’s fee, and attorney’s fees. Our attorneys quote fees clearly at the outset, and where an estate qualifies for the small-estate procedure, we will tell you so rather than putting it through a more expensive process than it needs.
Kentucky Will Requirements and the Surviving Spouse
For a Kentucky will to be valid, it must be in writing and signed by the testator, and either be entirely in the testator’s own handwriting or be signed in the testator’s presence by two credible witnesses (KRS 394.040). Electronic wills that meet the requirements of the Uniform Electronic Wills Act are also valid. A will does not need to be notarized to be valid, though a self-proving affidavit avoids the need to locate witnesses later.
A Kentucky will cannot fully disinherit a surviving spouse. A spouse who is left less than the law provides may renounce the will under KRS 392.080 and take the statutory share instead, unless the spouse waived that right in a valid prenuptial or postnuptial agreement. This is one of many reasons married Kentuckians should each have a will drafted with the current statutes in mind.
Why Central Kentucky Families Choose Bunch & Brock
- Fifty years in Lexington. Bunch & Brock was founded in 1976 by Kentucky attorneys W. Thomas Bunch and Dan D. Brock, Jr., and his sons Tom Bunch II and Matthew Bunch carry the practice forward today. We know the Fayette District Court and the surrounding counties, and the court knows us.
- You work with a lawyer. Your estate is handled by an attorney — not passed to a paralegal or assistant.
- Clear fees. We explain what a matter will cost before we begin, and we use the least expensive proper procedure for the estate.
- Personal attention. As a small firm, we return calls, answer emails, and keep you informed at every stage.
- Current on the law. Our probate practice has been fully updated for the 2026 reforms, and we regularly handle estates under both the old and new frameworks.
Frequently Asked Questions About Kentucky Probate
Do I need a probate attorney in Kentucky? Kentucky does not require one, but a personal representative is personally responsible for administering the estate correctly. Most executors find that an attorney’s involvement costs less than the mistakes it prevents, and for small estates that qualify for a Petition to Dispense, the fee is often flat.
Is probate required if there is a will? Usually, yes. A will does not avoid probate; it directs how probate assets are distributed. Whether probate is needed depends on how the assets were titled, not on whether there was a will.
What happens if someone dies without a will in Kentucky? The estate passes under Kentucky’s intestate succession statutes, which were amended effective July 15, 2026. The surviving spouse’s share depends on which other relatives survive, and the results are often not what the family expects.
How long does an executor have to open an estate? There is no fixed deadline, but delay creates problems: assets cannot be accessed, creditors cannot be paid, and the six-month creditor period does not begin until a personal representative is appointed.
What is a Petition to Dispense with Administration? A simplified procedure for small Kentucky estates that allows a spouse, children, or the person who paid the funeral to receive the estate by a single court order, without full probate.
Does Kentucky have an estate tax or inheritance tax? Kentucky has no estate tax. It does have an inheritance tax, but spouses, children, grandchildren, parents, and siblings are exempt. More distant relatives and unrelated beneficiaries may owe tax depending on the amount received.
Do you handle estates outside Lexington? Yes. We handle probate matters throughout Central Kentucky and regularly appear in the district courts of the counties surrounding Fayette.
What Our Clients Say
“Matt Bunch did an exceptional job for me with a very difficult, messy probate case. His response time was always quick. He was proactive in handling the case. I would recommend him to anyone looking for a great attorney.” — Lee Ann Snelling, Google review
Call Our Lexington Probate Attorneys
Settling an estate is hard enough without learning a new area of law in the middle of it. Whether you need an estate opened this week or want to put your own plan in place before it is ever needed, Bunch & Brock is ready to help.
Call (859) 254-5522 or contact us online to schedule a consultation with a Lexington probate attorney.
This page is provided for general information and is not legal advice. Kentucky probate law changed substantially on July 15, 2026, and the rules that apply to an estate depend on the date of death. Please consult an attorney about your specific situation.
Our Probate Attorneys
Attorney Tom Bunch II — Tom’s practice centers on Kentucky probate and estate administration, estate planning, and debtor-creditor matters, with extensive experience in Chapter 7, 11, 12, and 13 bankruptcy cases. He handles estates of every size, from small-estate petitions to complex administrations, and represents fiduciaries, heirs, and creditors in contested matters. Attorney bio
Attorney Matthew Bunch — Matt is the firm’s lead litigator and handles contested probate, trust and estate litigation, will contests, and complex bankruptcies and debt restructuring. Attorney bio
Attorney Tom Bunch II
Tom is a well-rounded attorney who can bring his experience to bear upon circumstances as presented by a client. Tom practices in Debtor and Creditor Legal Issues arising in Bankruptcy (with extensive experience in Chapter 7, 11, 12 and 13 cases, aka Personal Bankruptcy and Corporate Bankruptcy) and non-bankruptcy matters (loan workouts and foreclosure defense, debt relief and debt settlement). [ attorney bio ]
