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INTESTATE (without a Will)

In Kentucky, an intestate probate proceeding takes place in the District Court located in the county where the deceased resided. No one has power or authority to handle any estate assets until an Administrator has been appointed by the Probate Court. Normally an heir to the estate under intestate succession law would ask the Probate Court to be appointed as the Administrator. Once probate begins, the estate must remain open for a minimum of six months under Kentucky law before any distributions to heirs can take place. This period of time is required in order to allow anyone who may be a creditor to file a proof of claim against the estate. All assets in the deceased individual’s sole name will be part of the probate. Examples of some assets that are required to pass through probate are:

  • Real Estate

  • Bank Accounts (checking, savings, money market, certificates of deposit)

  • Investments (stocks, mutual funds, annuities)

  • Automobiles

  •  Boats

  •  RVs

  • Motorcycles

  • Retirement Accounts (401(k), 403(b), IRA, Roth IRA, SEP IRA)

  • Collections (artwork, coins, stamps and comic books)

  • Firearms

  • Furniture

  •  Jewelry

Distribution of assets under Kentucky’s intestate succession law provides that when a person dies without a Last Will and Testament, one-half of the residual estate (after funeral expenses, taxes, debts, and cost of administration are paid) goes to the surviving spouse, if applicable, and one-half (or all if no spouse) gets distributed as the follows:

1. To the deceased’s children. If any of these children predecease, then their share will go to their children; if there are no children or grandchildren, then

2. To the deceased’s father and mother; if one is deceased, solely to the surviving parent; if there is no father and mother, then

3. To the deceased’s brothers and sisters. If any of the brothers or sisters predecease then their share will go to their children; (half-sister and half-brothers and their descendants inherit only one-half as much as those of the whole blood); if there are no siblings, then

4. To the deceased’s spouse; if no spouse, then

5. One share shall pass to the paternal and the other to the maternal kindred in the following order:

a. The grandfather and grandmother equally, if one is deceased, it shall go to the survivor; if both deceased, then
b. To the uncles and aunts and their descendants; if there are none, then
c. To the great-grandfathers and great-grandmothers; if none, then
d. To the brothers and sisters of the grandfathers and grandmothers; and finally, then

6. If there is no kindred to one either the paternal or maternal side of the deceased’s family as described in paragraph (5), the whole descends to other side. If there is neither paternal or maternal kindred, the whole descends to the kindred of the spouse, if applicable.

If you are seeking to be appointed as the Administrator of an estate for a deceased individual who resided in Kentucky, but you do not reside in Kentucky, you need to have a knowledgeable and experienced legal team like Stone Legal Group, PLLC who can make the process easy and convenient for you. We can handle most matters, including court appearances, without the need for you to travel to Kentucky. We have vast experience working with out-of-state clients in probate matters and have streamlined the process for same.

There are many steps required at the local, state and possibly federal level that must be timely completed in order to properly settle one’s estate and distribute the assets according to the intestate laws of Kentucky. No two estates are alike. Unfortunately, at some point in your life you will probably deal with the death of a spouse, family member, significant other or friend. Thus, they may have an estate that will need to be administered. If serving as the Administrator of an estate is overwhelming, Stone Legal Group, PLLC can take on as many or all of those duties as you wish. Our goal is to make the probate administration process as stress free as possible, no matter what the circumstances.

INTESTATE (without a Will)

In Kentucky, an intestate probate proceeding takes place in the District Court located in the county where the deceased resided. No one has power or authority to handle any estate assets until an Administrator has been appointed by the Probate Court. Normally an heir to the estate under intestate succession law would ask the Probate Court to be appointed as the Administrator. Once probate begins, the estate must remain open for a minimum of six months under Kentucky law before any distributions to heirs can take place. This period of time is required in order to allow anyone who may be a creditor to file a proof of claim against the estate. All assets in the deceased individual’s sole name will be part of the probate. Examples of some assets that are required to pass through probate are:

  • Real Estate

  • Bank Accounts (checking, savings, money market, certificates of deposit)

  • Investments (stocks, mutual funds, annuities)

  • Automobiles

  •  Boats

  •  RVs

  • Motorcycles

  • Retirement Accounts (401(k), 403(b), IRA, Roth IRA, SEP IRA)

  • Collections (artwork, coins, stamps and comic books)

  • Firearms

  • Furniture

  •  Jewelry

Distribution of assets under Kentucky’s intestate succession law provides that when a person dies without a Last Will and Testament, one-half of the residual estate (after funeral expenses, taxes, debts, and cost of administration are paid) goes to the surviving spouse, if applicable, and one-half (or all if no spouse) gets distributed as the follows:

1. To the deceased’s children. If any of these children predecease, then their share will go to their children; if there are no children or grandchildren, then

2. To the deceased’s father and mother; if one is deceased, solely to the surviving parent; if there is no father and mother, then

3. To the deceased’s brothers and sisters. If any of the brothers or sisters predecease then their share will go to their children; (half-sister and half-brothers and their descendants inherit only one-half as much as those of the whole blood); if there are no siblings, then

4. To the deceased’s spouse; if no spouse, then

5. One share shall pass to the paternal and the other to the maternal kindred in the following order:

a. The grandfather and grandmother equally, if one is deceased, it shall go to the survivor; if both deceased, then
b. To the uncles and aunts and their descendants; if there are none, then
c. To the great-grandfathers and great-grandmothers; if none, then
d. To the brothers and sisters of the grandfathers and grandmothers; and finally, then

6. If there is no kindred to one either the paternal or maternal side of the deceased’s family as described in paragraph (5), the whole descends to other side. If there is neither paternal or maternal kindred, the whole descends to the kindred of the spouse, if applicable.

If you are seeking to be appointed as the Administrator of an estate for a deceased individual who resided in Kentucky, but you do not reside in Kentucky, you need to have a knowledgeable and experienced legal team like Stone Legal Group, PLLC who can make the process easy and convenient for you. We can handle most matters, including court appearances, without the need for you to travel to Kentucky. We have vast experience working with out-of-state clients in probate matters and have streamlined the process for same.

There are many steps required at the local, state and possibly federal level that must be timely completed in order to properly settle one’s estate and distribute the assets according to the intestate laws of Kentucky. No two estates are alike. Unfortunately, at some point in your life you will probably deal with the death of a spouse, family member, significant other or friend. Thus, they may have an estate that will need to be administered. If serving as the Administrator of an estate is overwhelming, Stone Legal Group, PLLC can take on as many or all of those duties as you wish. Our goal is to make the probate administration process as stress free as possible, no matter what the circumstances.

The information on this website is provided for informational purposes only, and should not be construed as legal advice.

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“My husband passed away with no will. I really had no idea what I needed to do. Working with Mr. Stone and Nathan was so easy. They were quick to respond to my questions and concerns, and in a language I could understand. I would highly recommend them to anyone who has found themself in my position.”

Jan Youngblood

“I sent a request thru the virtual chat and received immediate response. They have been extremely helpful, attentive and professional. I have never had to do a Will or Durable POA. They explained everything in detail and was patient with my questions. I highly recommend them.”

Dana Brill

“Stone Legal Group assisted my husband and I with our estate planning. Thy are very professional and made the process very easy by explaining all of the documents and answering all of our questions. Great group to work with and would recommend to others.”

Kristi Fothergill

“I moved to KY in 2017 from out of state, forced to embark on the process of restarting my life after experiencing several stressful life events in rapid succession. Not knowing anyone in Louisville, I relied on resources like Google to help me select various providers, including an estate planner. While I entered into many of these new arrangements with my eyes wide open, I was really taken by how easy it was to work with the Stone legal team. They provide a graceful mix of trustworthy competence and a quick compassionate grasp of the complexities of my particular situation. They listen and have worked effectively with me to achieve what appears to be an optimum solution for the successful execution of my future estate goals. I feel fortunate to have them as partners in my life.”

Robert Hume

“These guys are exceptional. I would use them again and again for all my legal needs.”

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