Losing a parent, a spouse, or a sibling is hard enough. Then the paperwork starts. Someone has to open the estate, gather the assets, deal with the bank, pay the bills, file with the court, and eventually distribute what is left – and every step comes with a deadline, a form number, and a statute behind it.
This guide explains how probate works in Kentucky in plain English, step by step, from the first filing in District Court to the order that closes the estate. It reflects Kentucky law as it stands today, including the significant changes made by Senate Bill 50 (2026 Ky. Acts ch. 134), effective July 15, 2026, which rewrote parts of the probate code and prompted the Administrative Office of the Courts to issue new probate forms. If you are handling an estate in Lexington or anywhere in Central Kentucky, the probate attorneys at Bunch & Brock can walk you through every stage; call 859-254-5522 or contact us online to talk with an attorney.
What Is Probate in Kentucky?
Probate is the court-supervised process of settling a deceased person’s (the “decedent’s”) estate. Under the supervision of the District Court, a court-appointed personal representative collects the decedent’s property, pays valid debts and taxes, and distributes what remains – to the beneficiaries named in the will, or, when there is no will, to the heirs identified by Kentucky’s intestate succession statutes.
The purpose of probate is to make sure the estate’s assets end up in the right hands, that creditors are treated fairly and in the correct order, that taxes are handled, and that the person managing the estate is accountable to the court. It applies only to probate assets: property the decedent owned in his or her own name alone with no beneficiary designation. Jointly owned property with right of survivorship, life insurance and retirement accounts payable to a named beneficiary, payable-on-death and transfer-on-death accounts, and assets held in a trust generally pass outside of probate. (Our article on which assets go through probate in Kentucky covers this in detail.)
Two terms come up constantly. If the decedent left a valid will, the estate is testate, and the will names an executor to carry it out. If there is no will, the estate is intestate, and the court appoints an administrator. Kentucky law refers to both as personal representatives or fiduciaries, and once appointed, their duties are essentially the same.
What changed on July 15, 2026
Senate Bill 50 modernized Kentucky’s probate and inheritance statutes in several ways that affect nearly every estate opened after that date. Among other things, the reform rewrote the intestate succession statute so that a surviving spouse now inherits the entire estate in many situations (KRS 391.010); eliminated the surety bond requirement for most personal representatives (KRS 395.130); added a new, confidential general financial disclosure statement that must be filed with the petition for appointment (KRS 395.015); extended the inventory deadline from 60 to 90 days and made the inventory confidential (KRS 395.250); allowed a written declaration under penalty of perjury in place of a sworn oath in many filings; and adopted the Uniform Electronic Wills Act (KRS 394.700–394.715). The AOC’s probate forms were revised in July and August 2026 to implement these changes. This article reflects current law.
Step One: Opening the Estate in District Court
Probate begins in the District Court of the county where the decedent lived (KRS 394.140). For a Lexington resident, that is Fayette District Court; for families in surrounding counties, it is the District Court in Georgetown, Nicholasville, Versailles, Winchester, Richmond, Paris, Frankfort, or Mt. Sterling, as the case may be.
The first practical task is locating the original will, if one exists. Under KRS 395.015, the will must be presented to the court before or at the time of any appointment. The person seeking appointment then files a Petition for Probate of Will and/or Appointment of Executor/Administrator, Form AOC-805 (current revision 7-26). The petition asks the court to admit the will to probate and appoint the executor named in it – or, if there is no will, to appoint an administrator. It must list the surviving spouse and known heirs with their addresses, state the date of death, and disclose any debt the petitioner owes the decedent.
Two filings accompany the petition under the 2026 amendments. The first is the general financial disclosure statement (Form AOC-808), a good-faith estimate of the decedent’s real and personal property, which the clerk places under seal; it may be seen only by the personal representative, the representative’s attorney, beneficiaries and heirs, the Department of Revenue, or others by court order for good cause. The second is the fiduciary’s acknowledgment of duties – now typically made by declaration under penalty of perjury (Form AOC-809) rather than a notarized oath. Under KRS 395.015(8), the court decides in its discretion whether a hearing on the appointment is needed; in many uncontested estates, especially where the named executor is applying, no court appearance is required.
Once the court signs the order (Form AOC-805.1 or 805.2), the clerk issues the personal representative’s letters (the certificate of qualification), which are the proof banks, brokerages, and title companies will demand before releasing anything.
Bond
For decades a personal representative was generally required to post a bond, with surety unless the will excused it. That default has flipped. Under KRS 395.130 as amended effective July 15, 2026, no bond is required unless the court orders one – either because the appointee is a public administrator or curator, or because the court finds a bond necessary to protect the estate, considering the testator’s stated intent and the appointee’s experience. Where a bond is ordered, its reasonable cost is a proper expense of the estate.
Who should serve, whether the will’s named executor is qualified, what to do when family members disagree about who should be appointed, and how a nonresident can serve are questions worth asking a lawyer before filing, not after. A misstep here can delay the estate for months. The attorneys at Bunch & Brock prepare and file the opening documents for personal representatives throughout Central Kentucky; call 859-254-5522 to get started.
Step Two: Proving the Will
Before a will is admitted to probate, the court must be satisfied it is valid. How a will is “proved” depends on how it was executed. Kentucky recognizes several kinds:
An attested (witnessed) will
Under KRS 394.040, a will that is not wholly in the testator’s handwriting must be signed by the testator (or by someone at the testator’s direction and in his or her presence) and subscribed by at least two credible witnesses in the presence of the testator and of each other. If the will is not self-proved, admitting it may require the testimony of the subscribing witnesses – which becomes a real problem when the witnesses have moved, died, or cannot be found.
A self-proved will
Under KRS 394.225, a will can be made self-proved at signing (or later) when the testator and witnesses sign statutory affidavits before a notary or other officer authorized to administer oaths. A self-proved will is admitted to probate without any witness testimony. This is why virtually every professionally drafted Kentucky will includes a self-proving affidavit. Note that the affidavit is an addition to the ordinary signing requirements, not a substitute for them.
A holographic will
Kentucky recognizes a will written entirely in the testator’s own handwriting and signed by the testator, with no witnesses required at execution. To probate one, the handwriting must be proved, typically by the testimony of people familiar with the decedent’s handwriting. Holographic wills are a frequent source of litigation because they are often ambiguous, incomplete, or mixed with typed text.
An electronic will
Effective July 15, 2026, Kentucky adopted the Uniform Electronic Wills Act (KRS 394.700–394.715). An electronic will must be readable as text, signed electronically by the testator with an image of his or her handwritten signature, and witnessed by at least two individuals who are Kentucky residents physically located in Kentucky at the time of signing – witnesses may attend in the testator’s “electronic presence” (a real-time video connection), but they cannot be out of state. Electronic wills can also be made self-proving.
A will that fails Kentucky’s execution requirements is treated as no will at all, and the estate passes by intestate succession instead. Wills can also be challenged on the grounds of lack of testamentary capacity, undue influence, fraud, or improper revocation. If you expect a dispute over the validity of a will – or you are the beneficiary of a will that someone else is disputing – talk with a probate litigation attorney before the will is admitted; some objections are far easier to raise at the outset than after the fact.
Step Three: Administering the Estate
Once appointed, the personal representative takes legal control of the decedent’s probate assets and owes fiduciary duties to the beneficiaries and to the estate’s creditors: to identify and secure the assets, manage them prudently, keep estate funds strictly separate from personal funds, keep accurate records, and act in good faith throughout. The acknowledgment every fiduciary signs under KRS 395.015 spells out the consequences of failure – removal, and potential civil and criminal liability for converting estate property.
In practice, the early weeks of administration involve obtaining an estate tax identification number from the IRS, opening an estate bank account, retitling or securing assets, notifying financial institutions, gathering date-of-death values, dealing with the decedent’s residence and vehicles, and identifying every debt.
The inventory
Under KRS 395.250, the personal representative must file an Inventory and Appraisement of Estate, Form AOC-841, within 90 days of qualifying, listing the probate assets at their fair market value as of the date of death. Since July 15, 2026, the inventory is confidential and filed under seal, available only to the personal representative, counsel, beneficiaries, heirs, and the Department of Revenue, or by court order. If assets are discovered later or values need correction, an amended inventory must be filed. Failure to file on time exposes the fiduciary to penalties under KRS 395.255 and 395.990. The inventory frames the rest of the administration – from the creditor payments to the final settlement – so mistakes made here tend to compound.
Creditor claims
Under KRS 396.011, most creditors must present their claims within six months after the appointment of the personal representative or their claims are forever barred. (If no personal representative is ever appointed, the outside limit is two years from death.) Secured creditors may still enforce their liens against the collateral, and claims covered by liability insurance may proceed up to policy limits, but the six-month window is the backbone of the Kentucky probate timeline. It is why even the simplest estate cannot be fully closed in its first few months, and it is why personal representatives who pay claims or distribute assets before the window closes do so at their own risk.
The surviving spouse’s exemption
Separate from the creditor process, KRS 391.030 entitles the surviving spouse – or, if there is no spouse, the surviving children – to have up to $30,000 of personal property or money set aside by the court, free from distribution and sale, in both testate and intestate estates. The spouse may also obtain an order allowing withdrawal of up to $2,500 from the decedent’s accounts before the exemption is formally set apart. This exemption (requested on Form AOC-810) is frequently overlooked by families handling an estate on their own.
Taxes
The personal representative is responsible for the decedent’s final income tax returns and any fiduciary income tax return for the estate. Kentucky has no estate tax, but it does have an inheritance tax. Property passing to Class A beneficiaries – the surviving spouse, parents, children, grandchildren, and siblings (including half-siblings) – is fully exempt for deaths after June 30, 1998, and no Kentucky inheritance tax return is required when everything passes to Class A beneficiaries. Property passing to more distant relatives (Class B: nieces, nephews, aunts, uncles, sons- and daughters-in-law) or to unrelated beneficiaries (Class C) is taxable above small exemptions, with a return due within 18 months of death and a 5% discount for tax paid within nine months. The federal estate tax reaches only very large estates, but it should be reviewed in every case.
Step Four: Paying Claims in the Statutory Order
Kentucky does not leave the order of payment to the fiduciary’s discretion. When the estate cannot pay everything, KRS 396.095 requires the personal representative to pay claims by class, with each class paid in full before the next receives anything:
- Costs and expenses of administration;
- Funeral expenses;
- Debts and taxes with preference under federal law and under Kentucky law; and
- All other claims.
Within a class, no creditor is preferred over another, and a claim that has come due gets no priority over one that has not. A personal representative who pays a lower-class creditor ahead of a higher-class one – or who pays a family member’s claim first because it was convenient – can be held personally liable for the shortfall. This is one of the most common and most expensive mistakes in self-handled estates.
Only after valid claims are satisfied is the remainder distributed to the beneficiaries named in the will or, in an intestate estate, to the heirs in the order fixed by KRS 391.010.
Who inherits without a will after July 15, 2026
Senate Bill 50 substantially rewrote Kentucky’s intestate succession statute. Under the amended KRS 391.010, the surviving spouse now takes the entire estate if the decedent left no descendants, or if all of the decedent’s descendants are also descendants of the surviving spouse. Where there are children from another relationship on either side, the spouse takes one-half and the descendants share the rest. If there is no spouse, the estate passes to the decedent’s children and their descendants, then to parents, then to siblings and their descendants, then to grandparents, then to aunts and uncles and their descendants, and – new in 2026 – then to the decedent’s stepchildren, before escheating to the state. These rules apply to real estate and, through KRS 391.030, to personal property as well. Because the spousal share depends on the family structure, and because SB 50 also expanded a surviving spouse’s rights in certain non-probate assets, families of a person who died without a will should have the heirs identified by an attorney before anything is distributed. See our article on whether probate is needed when there is no will.
Step Five: Settling and Closing the Estate
After the debts, taxes, and expenses are paid and the remaining assets distributed, the personal representative closes the estate through a settlement with the District Court. Under KRS 395.190, a personal representative may distribute the estate six months after qualification – a rule that dovetails with the six-month creditor claims period and ensures no estate is closed before creditors have had their statutory opportunity to come forward.
Kentucky offers two paths to closing:
Informal final settlement (Form AOC-850)
Under KRS 395.605, when the fiduciary is the sole beneficiary, or when every beneficiary signs a verified waiver (Form AOC-851), the representative may close the estate by an application under penalty of perjury – without filing a detailed accounting with the court. The application must confirm that the estate was solvent, that all claims, debts, taxes, and court costs have been paid or provided for, that each beneficiary has received his or her share, and it must disclose any attorney’s fee. The court approves it without notice or a hearing and enters an order discharging the fiduciary. This is the faster, simpler, and more private route, and it is how most uncontested Kentucky estates are closed. Any beneficiary may request an accounting before signing a waiver, and the court has discretion to allow an informal settlement even when a beneficiary is a minor or under a disability.
Formal settlement (Form AOC-846)
Where waivers cannot be obtained, where beneficiaries are in conflict, or where the court requires it, the representative files a full settlement itemizing every asset, receipt, and disbursement of the administration with supporting documentation, together with a list of allowed and disallowed claims and the fees paid to the fiduciary and counsel. The court sets it for hearing, and interested parties may file exceptions.
If an administration remains open for two years, KRS 395.610 requires the fiduciary to file a periodic settlement at that point and annually thereafter until the estate is fully distributed. Once the final settlement is approved and confirmed, the personal representative is discharged and probate is closed.
How Long Does Probate Take in Kentucky?
There is no one-size-fits-all answer, but the statutory floor is firm: because of the six-month creditor claims period under KRS 396.011 and the six-month distribution rule of KRS 395.190, no Kentucky estate can be fully closed in fewer than about six months. A straightforward, uncontested estate with cooperative beneficiaries is typically completed in six months to a year. Estates take longer when there is a will contest or a dispute among beneficiaries, when heirs are hard to locate, when real estate or a business must be sold, when a Kentucky inheritance tax or federal estate tax return is required, when creditors file contested claims, or when the estate is involved in litigation. Complex estates can remain open for two years or more.
Kentucky offers two ways to shorten the process for modest estates. First, the petition to dispense with administration (Form AOC-830) under KRS 395.455 allows the court to transfer the assets directly – usually to the surviving spouse or children – without appointing a personal representative at all, when the surviving spouse’s or children’s $30,000 exemption, alone or together with preferred claims already paid, equals or exceeds the estate’s distributable assets. This can be used in both testate and intestate estates. We explain the process in our article on the petition to dispense with administration in Kentucky. Second, with advance planning – revocable trusts, survivorship titling, and beneficiary designations – most families can arrange for the bulk of their assets to bypass probate entirely; see our guide on how to avoid probate in Kentucky.
What Does Probate Cost in Kentucky?
Probate costs vary with the size and complexity of the estate. The predictable items are court filing and recording fees, the cost of a surety bond in the minority of cases where the court still orders one, appraisal fees for real estate or unusual assets, and the personal representative’s commission – under KRS 395.150, a fiduciary’s compensation may not exceed 5% of the value of the decedent’s personal estate plus 5% of the income collected, with additional compensation allowed only for extraordinary services or work involving real estate or death taxes, all subject to court approval. Attorney’s fees are paid from the estate as an administration expense and must be disclosed in the settlement. In most estates the greatest cost is not a fee at all but the price of a mistake: a missed deadline, a misordered payment, an overlooked tax, or a distribution made before the claims period ran. Those costs fall on the personal representative personally, which is why most fiduciaries choose to have counsel from the outset.
Common Probate Mistakes We See
Over decades of handling estates in Fayette County and the surrounding counties, the same problems recur: personal representatives who distribute assets before the six-month claims period expires; families who miss the $30,000 spousal exemption; executors who commingle estate funds with their own; inventories that omit assets or use guessed values; claims paid out of order; unfiled inheritance tax returns for Class B or C beneficiaries; unrecorded wills; and estates left open for years because no one filed a settlement. Each is avoidable with good advice at the beginning.
Frequently Asked Questions About Kentucky Probate
What form starts probate in Kentucky?
Form AOC-805, the Petition for Probate of Will and/or Appointment of Executor/Administrator, filed in the District Court of the county where the decedent resided, together with the general financial disclosure statement (AOC-808) and the fiduciary’s declaration of oath (AOC-809). Always use the current revision from the Kentucky Court of Justice at kycourts.gov; these forms were revised in July 2026.
Does a Kentucky executor have to post a bond?
Not by default anymore. Effective July 15, 2026, KRS 395.130 provides that no bond is required of a personal representative unless the court orders one – for a public administrator or curator, or where the court finds a bond necessary to protect the estate.
What is the deadline for the estate inventory?
Ninety days from the personal representative’s qualification, on Form AOC-841, valuing the assets as of the date of death (KRS 395.250). The deadline was 60 days before July 15, 2026. The inventory is now confidential and filed under seal.
How long do creditors have to file claims against an estate?
Generally six months from the appointment of the personal representative under KRS 396.011. Claims not timely presented are barred, with limited exceptions for secured creditors and insured claims.
What is the minimum time before an estate can be settled in Kentucky?
Six months from the personal representative’s appointment. KRS 395.190 permits distribution six months after qualification, and KRS 395.605 allows an informal final settlement to be filed at any time after that six-month mark.
Do I have to go to court to be appointed executor?
Often not. Under KRS 395.015 as amended in 2026, the court sets a hearing only in specific circumstances – for example, where an administrator with the will annexed is to be appointed and there is no surviving spouse, or where multiple heirs are entitled to appointment and have not waived a hearing – and otherwise decides in its discretion whether a hearing is needed.
What is the difference between an executor and an administrator?
An executor is named in the will; an administrator is appointed by the court when there is no will, or no willing and qualified executor. Kentucky law treats both as personal representatives with the same core duties.
Who inherits if someone dies without a will in Kentucky?
Under KRS 391.010 as amended effective July 15, 2026, the surviving spouse takes the entire estate if the decedent left no descendants or if all of the decedent’s descendants are also the spouse’s. Otherwise the spouse takes one-half and the descendants share the balance. If there is no spouse, the estate passes to descendants, then parents, then siblings, then grandparents, then aunts and uncles, then stepchildren.
Can a small estate skip probate in Kentucky?
Sometimes. Under KRS 395.455, the court may dispense with administration when the surviving spouse’s or children’s $30,000 exemption, alone or with preferred claims already paid, equals or exceeds the distributable assets. The request is made on Form AOC-830.
Does Kentucky have an inheritance tax?
Yes, but property passing to a surviving spouse, parents, children, grandchildren, and siblings (Class A) is fully exempt. Tax applies only to property passing to more distant relatives or unrelated beneficiaries. Kentucky has no separate estate tax.
Do I need a lawyer to probate an estate in Kentucky?
Kentucky does not require a personal representative to hire an attorney, but the fiduciary is personally responsible for every deadline, filing, and payment decision, and the court will not give legal advice. For anything beyond the simplest estate – and certainly where there is real estate, a business, debts, a blended family, out-of-state heirs, or any disagreement – most personal representatives find that an attorney’s fee, which is paid from the estate, costs far less than a mistake.
Talk to a Kentucky Probate Attorney at Bunch & Brock
For most families, probate is a once- or twice-in-a-lifetime experience, layered with unfamiliar rules, firm deadlines, and real personal liability for the fiduciary who gets it wrong. The 2026 changes to Kentucky’s probate code – new forms, new disclosure requirements, new intestacy rules, and new options for electronic wills – have made current, accurate advice more important, not less.
Whether you have just been named executor and do not know where to start, you are an heir with questions about how an estate is being handled, you are a surviving spouse who wants to understand your rights, or you are a personal representative who wants the administration done correctly from the first filing to the final settlement, the probate attorneys at Bunch & Brock can help. We have guided Central Kentucky families through every stage of estate administration for decades, in Fayette County and throughout the surrounding counties. We handle the petitions, the inventory, the creditor claims, the tax filings, and the settlement – accurately and efficiently – so you can focus on your family.
Call our Lexington office at 859-254-5522 or contact us online to schedule a consultation with a Kentucky probate lawyer.
This article is for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship with Bunch & Brock, PSC. Statutory references reflect Kentucky law as of September 2026, including 2026 Ky. Acts ch. 134 (Senate Bill 50), effective July 15, 2026. Court forms are revised periodically; always use the current version published by the Kentucky Court of Justice. For advice about a specific estate, please consult a licensed Kentucky attorney.
