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If a family member has died in Nicholasville, Wilmore, or anywhere in Jessamine County, the estate will be handled by the Jessamine District Court — and the questions start immediately. Who inherits if there was no will? What has to be paid, and in what order? What if someone in the family disputes the will? Bunch & Brock’s probate attorneys have answered those questions for Central Kentucky families since 1976. Call (859) 254-5522.
Jessamine County has grown steadily for decades, and many of the families settling estates here are dealing with a mix of older farmland and newer suburban property, retirement accounts, and relatives spread across several states. Our office is in Lexington, a few miles up Nicholasville Road, and we handle Jessamine District Court estates for local families and for out-of-town executors alike.
Dying Without a Will in Jessamine County: Who Inherits Under the 2026 Law
A large share of Kentuckians die without a will. When that happens, Kentucky’s intestate succession statute decides who receives the estate — and that statute was rewritten by Senate Bill 50, effective July 15, 2026. For deaths on or after that date, the surviving spouse’s share under KRS 391.010 depends on the family’s structure:
- If the decedent left no descendants, the spouse takes the entire estate.
- If every descendant of the decedent is also a descendant of the spouse, and the spouse has no children from outside the marriage, the spouse takes the entire estate.
- If the decedent had a child or grandchild who is not the spouse’s descendant — a common situation in blended families — the spouse takes one-half and the decedent’s descendants take the other half.
- If all of the decedent’s descendants are shared, but the spouse has descendants from outside the marriage, the spouse likewise takes one-half.
Whatever does not pass to the spouse — or the whole estate, if there is no spouse — goes to the decedent’s descendants; if none, to the parents; then to siblings and their descendants; then, divided between the paternal and maternal sides, to grandparents and then to aunts and uncles and their descendants; and, new in 2026, to the decedent’s stepchildren. The 2026 amendment removed great-grandparents and more remote kin from the line, so if none of these relatives survive, the property passes to the state.
Separately, amended KRS 392.020 gives a surviving spouse, in addition to the share above, an absolute one-half of the decedent’s “surplus personalty” — and that term now expressly includes property passing by beneficiary, transfer-on-death, or payable-on-death designation (retirement accounts included), property held jointly with right of survivorship, assets in a trust the decedent could revoke, and property the decedent gave away within two years of death. Life insurance is excluded from the pool, but proceeds paid to the spouse are credited against the spouse’s share, as is anything the spouse already received by designation or survivorship. The statute gives the spouse a direct claim against whoever received the property. This is a significant change: a spouse who was left off an account or a deed may now have a claim that did not exist before July 2026.
For deaths before July 15, 2026, the prior rules still apply. Because the two frameworks produce very different results, the date of death is the first thing we establish on every intestate estate.
Will Contests and Estate Disputes in Jessamine County
Most estates are settled without conflict. When conflict does arise, it usually takes one of a few forms:
- Undue influence or lack of capacity. A family member claims the decedent was pressured into signing, or was not of sound mind when the will was made — often involving a caregiver, a new spouse, or a late-in-life change to the plan.
- Competing wills. Two versions surface with different beneficiaries, and the court must decide which is the last valid will and whether the earlier one was revoked.
- Improper execution. The will was not signed by the testator and, unless entirely in the testator’s handwriting, signed by two credible witnesses in the testator’s presence, as KRS 394.040 requires.
- Fiduciary misconduct. An executor or trustee is accused of self-dealing, failing to account, or refusing to distribute.
- Rejected creditor claims. The personal representative disallows a claim and the creditor sues to enforce it.
In Kentucky, probate itself is handled by the District Court, but a will contest is tried in Circuit Court, with different rules and firm deadlines. Bunch & Brock’s lead litigator, Matthew Bunch, handles contested probate and trust matters in both courts, whether we are defending a will the family relies on or challenging one that should not stand.
Two planning points that prevent most disputes: sign a new will with two witnesses and a self-proving affidavit, and physically destroy the old one so there is nothing to argue about.
What Gets Paid First When an Estate Owes Money
Kentucky sets the order in which an estate’s obligations are paid, and a personal representative who pays out of order can be personally liable. Broadly, the costs of administering the estate are paid first, then funeral expenses, then debts and taxes that carry a legal preference, and then all other valid claims. The surviving spouse’s and children’s statutory exemption is set aside before general creditors are paid. Secured creditors, such as a mortgage lender, look first to their collateral.
Creditors have six months from the appointment of the personal representative to present claims under KRS 396.011; claims presented late are barred against the estate, the personal representative, and the heirs. If no personal representative is ever appointed, claims are barred two years after death. Government claims and a secured creditor’s right to proceed against its collateral are not cut off by this rule. Our creditor claims post explains the process in more detail.
Probate Assets and Non-Probate Assets
Property titled in the decedent’s name alone — a house, land, individually held accounts, vehicles — passes through probate. Property held jointly with a right of survivorship, assets with a named beneficiary, and assets in a living trust pass outside it. A will controls only the probate assets, which is why a will and a set of beneficiary designations that contradict each other cause so many problems. We review both together on every plan we prepare.
How We Help Nicholasville and Wilmore Families
- Opening and administering estates in the Jessamine District Court from appointment through final settlement
- Small-estate petitions for estates that qualify under KRS 395.455, usually for a flat fee and without a client court appearance
- Intestate estates, including determining heirs under the amended statute and preparing the affidavit of descent that is recorded to pass the decedent’s real estate to the heirs
- Will contests, trust disputes, and fiduciary litigation in Circuit Court
- Wills, revocable trusts, financial powers of attorney, living wills, and health care surrogate designations
- Guardianship for minors and incapacitated adults
- Advice for out-of-county and out-of-state executors who must administer a Jessamine County estate from a distance
Frequently Asked Questions from Jessamine County Clients
How long do creditors have to file a claim against a Kentucky estate? Six months from the appointment of the personal representative. Kentucky repealed the published creditor-notice statute in 2021, so there is no newspaper notice that starts the clock; appointment does. Claims not presented within that time are barred, and the estate cannot be closed before the six months run.
Does the executor get paid? Kentucky law caps a personal representative’s compensation under KRS 395.150 at five percent of the value of the decedent’s personal estate plus five percent of the income the representative collects; the court may allow more only for unusual or extraordinary services. Family members serving as executor often waive the fee. If it is taken, it is taxable income to the executor.
Do I have to file income taxes for my deceased parent? Usually. A final federal and Kentucky income tax return is required for the year of death if the decedent’s income met the filing threshold; there is no age at which the filing requirement stops. The estate itself must file a fiduciary income tax return if it earns $600 or more in gross income during administration — for example, from a retirement account distribution, rent, or investment income.
Will the estate owe estate or inheritance tax? Kentucky has no estate tax, and the federal estate tax applies only to very large estates — the exemption is well above $10 million per person. Kentucky does have an inheritance tax, but spouses, children (including stepchildren and adopted children), grandchildren, parents, and siblings are fully exempt. Nieces, nephews, aunts, uncles, and unrelated beneficiaries may owe tax on what they receive.
My father lived in Nicholasville but I live out of state. Can I still serve as executor? Yes, if you are related to him. Under KRS 395.005, a nonresident may serve as a Kentucky personal representative only if related to the decedent by blood, marriage, or adoption (or married to someone who is); an unrelated out-of-state friend or advisor cannot be appointed even if the will names them. A nonresident must also designate a resident of the county as agent for service of process. We handle this routinely and manage the estate here so you do not have to travel repeatedly.
Is Bunch & Brock located in Nicholasville? No. Our office is in Lexington, about twelve miles north on US-27. We have represented Jessamine County families for decades and appear in the Jessamine District Court regularly.
Call Our Nicholasville Probate Attorneys
Bunch & Brock was founded in Lexington in 1976 by Kentucky attorneys W. Thomas Bunch and Dan D. Brock, Jr., and is in its fiftieth year of serving Central Kentucky. Mr. Bunch’s sons, Tom Bunch II and Matthew Bunch, carry the practice forward today — and when you call, an attorney is who you reach.
If you are settling an estate in Jessamine County, facing a dispute over a will, or want to put your own plan in order, call (859) 254-5522 or contact us online.
This page is provided for general information and is not legal advice. Kentucky probate and intestacy law changed substantially on July 15, 2026, and the rules that apply depend on the date of death. Please consult an attorney about your specific situation.
Our Probate Attorneys
Attorney Matthew Bunch — Matt is the firm’s lead litigator and handles will contests, contested probate, trust and estate litigation, and complex bankruptcies and debt restructuring. Attorney bio
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. Attorney bio
Attorney Matthew Bunch
Matt handles complicated bankruptcies and debt restructuring in Chapters 11 and 13 for both individuals and companies. He has also negotiated with multiple creditors on behalf of his clients to avoid bankruptcy. Matt is the firm’s lead litigator and handles contract disputes, certain personal injury claims and general litigation. [ attorney bio ]
