How long does probate take in Kentucky?

Most uncontested Kentucky probate cases take 6 to 12 months. The estate must remain open for at least 6 months to allow the creditor claim period to run. Complex or contested estates can take 12 to 24 months or more. Small estates eligible for the Petition to Dispense with Administration can be resolved in 1 to 3 months.

What is the small estate threshold in Kentucky?

Kentucky allows a Petition to Dispense with Administration for estates with personal property valued at $15,000 or less. Only a surviving spouse, surviving children, or a preferred creditor may file this petition. Additionally, the surviving spouse is entitled to an exempt personal property allowance of up to $15,000.

How much does probate cost in Kentucky?

Court filing fees in Kentucky vary by county but are typically $40 to $50. Attorney fees range from $3,000 to $6,000 for straightforward probate and $6,000 to $15,000 or more for complex or contested cases. The executor may receive up to 5% of the estate value as compensation. Additional costs include surety bond premiums, publication fees, and appraisal costs.

How long do creditors have to file claims in Kentucky?

Creditors must present claims within 6 months from the appointment of the personal representative. If no personal representative is appointed, creditors have 2 years from the date of death to file claims. Known creditors who receive actual written notice have 60 days from the date of notice to present their claims.

Can I avoid probate in Kentucky?

Yes, in certain situations. Estates with personal property of $15,000 or less may use the Petition to Dispense with Administration. If the decedent died intestate with no debts, all beneficiaries can agree in writing to skip administration. Assets held in joint tenancy, in a revocable living trust, or with beneficiary designations pass outside of probate entirely.

What happens if someone dies without a will in Kentucky?

If someone dies intestate in Kentucky, their estate is distributed according to KRS Chapter 391. The surviving spouse receives the first $15,000 of personal property plus half of the remaining estate if there are surviving children, or the entire estate if there are no children. If there is no surviving spouse, the estate passes to children, then parents, then siblings, following the statutory order of descent.

Kentucky Probate Guide: Process, Costs & Timeline (2026)

Q: Does Kentucky have an inheritance tax?

Yes. Kentucky is one of six states with an inheritance tax. Class A beneficiaries (spouse, parents, children, grandchildren, siblings) are fully exempt. Class B beneficiaries (nieces, nephews, children-in-law, aunts, uncles) receive a $1,000 exemption with rates of 4% to 16%. Class C beneficiaries (all others) receive a $500 exemption with rates of 6% to 16%. A 5% discount applies if the tax is paid within 9 months of death.

Q: Does Kentucky require a surety bond for executors?

Generally yes. Kentucky requires the personal representative to post a surety bond in an amount typically equal to the value of the personal estate. The will may waive the bond requirement, but the court retains discretion to require a bond if it deems one necessary to protect the interests of beneficiaries and creditors.

Overview

Kentucky probate is handled by the district courts in each county, which serve as the state's probate courts. Kentucky has not adopted the Uniform Probate Code, so its probate procedures follow the Kentucky Revised Statutes (KRS) Chapters 394 through 396.

Kentucky offers several paths for estate administration:

Petition to Dispense with Administration — for small estates valued at $15,000 or less in personal property, allowing heirs to claim assets without full probate (Form AOC-830)
Regular Administration — the standard probate process requiring court appointment of an executor or administrator, creditor notice, inventory, and formal settlement
Informal Final Settlement — a streamlined closing process available for uncontested estates where all beneficiaries consent

One of Kentucky's most distinctive features is its inheritance tax, which applies to certain beneficiaries based on their relationship to the decedent. Beneficiaries are classified into Class A (exempt), Class B (4%–16% tax), and Class C (6%–16% tax). Kentucky does not impose a separate state estate tax, but the inheritance tax is an important consideration for many estates.

While Kentucky's probate process requires court involvement for the appointment of a personal representative, the court's day-to-day supervision is generally minimal. The executor or administrator has significant autonomy in managing the estate's affairs once appointed.

When Probate is Required

Probate is required in Kentucky when a decedent owned assets in their sole name that do not transfer automatically at death. Common examples include:

Real property titled solely in the decedent's name or as tenants in common
Bank accounts and investments without payable-on-death (POD) or transfer-on-death (TOD) designations
Vehicles and titled personal property in the decedent's sole name
Business interests held individually
Personal property exceeding the small estate threshold

Probate is generally not required for:

Joint tenancy property with right of survivorship — passes automatically to the surviving joint tenant(s)
Beneficiary-designated assets — life insurance, retirement accounts, POD/TOD accounts
Property held in a revocable living trust
Small estates with personal property valued at $15,000 or less — eligible for the Petition to Dispense with Administration
Estates where all heirs agree — under KRS 395.470, if the decedent died intestate (without a will) and had no debts, all beneficiaries may agree in writing to dispense with administration

Kentucky law requires a will to be filed with the district court within a reasonable time after the testator's death, even if probate is not required for asset transfer. Failure to file a will can result in legal consequences under KRS 394.110.

Small Estate Options

Kentucky provides a Petition to Dispense with Administration (Form AOC-830) that allows certain individuals to claim estate assets without opening a full probate case.

Eligibility requirements:

The total value of probate personal property must be $15,000 or less
The petition can only be filed by the surviving spouse, surviving children, or a preferred creditor of the decedent
The court must be satisfied that no probate assets will pass through the hands of a personal representative

How the process works:

The eligible petitioner completes Form AOC-830 (Petition to Dispense with Administration)
The petition is filed with the district court in the county where the decedent was domiciled
The court reviews the petition and, if satisfied, enters Form AOC-830.1 (Order Dispensing with Administration)
The court order authorizes the petitioner to collect the decedent's personal property
Institutions and holders of property must release assets upon presentation of the court order

Additional small estate provisions:

Under KRS 391.030, the surviving spouse is entitled to an exempt personal property allowance of up to $15,000, which is taken off the top of the estate before distribution
The surviving spouse is also entitled to a homestead exemption of up to $15,000 in the decedent's real property
Under KRS 395.470, if a person died intestate with no debts, all beneficiaries may agree in writing to dispense with administration regardless of estate size

Important limitations:

Only certain persons (surviving spouse, children, or preferred creditors) may file the petition
Real property typically requires full probate or a trust for transfer
The petitioner takes the property subject to all valid debts and claims of the estate
If the estate exceeds $15,000 in personal property, full probate administration is required

Step-by-Step Process

1. Determine the appropriate probate track

Assess the estate's assets, value, and circumstances to determine whether the estate qualifies for the Petition to Dispense with Administration (AOC-830) or requires regular probate administration. Estates with personal property of $15,000 or less may qualify for the simplified petition.

2. File the petition for probate

For testate estates (with a will), file Form AOC-805 (Petition to Probate Will and/or Appointment of Executor/Administrator) along with the original will and a certified death certificate with the district court in the county where the decedent was domiciled. For intestate estates (without a will), use the same form to petition for appointment of an administrator. Pay the filing fee, which varies by county but is typically around $40 to $50.

3. Appointment of executor or administrator

The court reviews the petition and, if approved, enters Form AOC-805.1 (Order Probating Will and/or Appointing Executor/Administrator). The appointed personal representative must post a surety bond unless the will waives the bond requirement. The bond amount is typically set at the value of the personal estate.

4. Obtain Letters Testamentary or Letters of Administration

The court issues Letters Testamentary (if there is a will) or Letters of Administration (if there is no will), which give the personal representative legal authority to act on behalf of the estate.

5. File inventory and appraisement

The executor or administrator must file Form AOC-841 (Inventory and Appraisement of Estate) within 60 days of appointment. This form lists all estate assets and their fair market values as of the date of death. The court may appoint appraisers to value certain assets.

6. Notify creditors

Publish a Notice to Creditors in a newspaper of general circulation in the county. Creditors have 6 months from the appointment of the personal representative to present claims. Known creditors who receive actual written notice have 60 days from the date of notice to present claims, or they are forever barred.

7. Pay debts, claims, and taxes

Review and pay valid creditor claims in statutory priority order under KRS 396.095. File the decedent's final federal and Kentucky state income tax returns. If the estate has beneficiaries in Class B or Class C, file the Kentucky Inheritance Tax Return within 18 months of death. Pay any inheritance tax due — a 5% discount is available if paid within 9 months of death.

8. File periodic or final settlement

For routine estates, the executor may file Form AOC-850 (Informal Final Settlement) if all beneficiaries are adults who consent to the accounting. Otherwise, file Form AOC-846 (Periodic/Final Settlement) with a detailed accounting of all receipts, disbursements, and distributions.

9. Distribute assets to beneficiaries

After the creditor claim period has expired and all debts and taxes are paid, distribute remaining assets according to the will or Kentucky's intestacy laws (KRS Chapter 391). Obtain signed receipts from each beneficiary.

10. Close the estate

Once the court approves the final settlement and all distributions are complete, the estate is formally closed and the personal representative is discharged from further liability.

Timeline & Costs

Typical timeline:

Petition to Dispense (small estate): 1 to 3 months
Regular administration (uncontested): 6 to 12 months
Complex or contested estates: 12 to 24+ months

Kentucky law requires the probate case to remain open for at least 6 months to allow the creditor claim period to run under KRS 396.011.

Court filing fees:

Filing fee for probate petition: $40 to $50 (varies by county)
Petition to Dispense with Administration: $40 to $50 (varies by county)
Fee waiver available for those who qualify

Executor/administrator compensation:

Kentucky law (KRS 395.150) allows the personal representative compensation of up to 5% of the value of the personal estate plus 5% of the income collected for the estate. The court may allow additional compensation for extraordinary services such as real estate sales, business management, or litigation.

Attorney fees:

Kentucky probate attorneys typically charge between $3,000 and $6,000 for straightforward uncontested probate, and $6,000 to $15,000+ for complex or contested proceedings. Most charge hourly rates of $200 to $400 per hour.

Inheritance tax (unique to Kentucky):

Class A (spouse, parents, children, grandchildren, siblings): Exempt — no inheritance tax
Class B (nieces, nephews, children-in-law, aunts, uncles, great-grandchildren): $1,000 exemption, then 4% to 16% on the remainder
Class C (all others, including cousins and unrelated persons): $500 exemption, then 6% to 16% on the remainder
A 5% discount applies if inheritance tax is paid within 9 months of death
The inheritance tax return must be filed within 18 months of death

Additional costs:

Surety bond premium: varies based on estate value (typically 0.5% to 1% of bond amount)
Newspaper publication of creditor notice: $50 to $200
Certified copies of Letters: $5 to $10 per copy
Appraisal fees: varies by asset type
Recording fees for real property transfers: varies by county

Required Forms

Kentucky probate forms are designated with "AOC" (Administrative Office of the Courts) prefixes and are available from the Kentucky Court of Justice website. Key forms include:

Starting the case:

AOC-805 — Petition for Probate of Will and/or Appointment of Executor/Administrator
AOC-805.1 — Order Probating Will and/or Appointing Executor/Administrator
AOC-806 — Petition for Probate of Will and/or Appointment of Executor/Administrator (when will is lost or destroyed)

Small estate:

AOC-830 — Petition to Dispense with Administration
AOC-830.1 — Order Dispensing with Administration

Inventory and appraisal:

AOC-841 — Inventory and Appraisement of Estate (due within 60 days of appointment)
AOC-840 — Order Appointing Appraisers

Creditor notices and claims:

Notice to Creditors — published in a newspaper of general circulation
AOC-843 — Verified Claim Against Estate

Settlement and closing:

AOC-846 — Periodic/Final Settlement (formal accounting)
AOC-850 — Informal Final Settlement (simplified closing when all beneficiaries consent)
AOC-851 — Consent to Informal Final Settlement (signed by each beneficiary)

Inheritance tax:

Kentucky Inheritance Tax Return (Form 92A200 series) — filed with the Kentucky Department of Revenue
92A205 — Kentucky Inheritance Tax Return (for estates with Class B or C beneficiaries)

Other commonly used forms:

AOC-820 — Petition for Appointment of Trustee Under Will
AOC-835 — Petition for Allowance for Surviving Spouse/Infant Children

Executor Duties

In Kentucky, the estate administrator is called the executor (if named in a will) or administrator (if appointed by the court). Their fiduciary duties include:

Immediate responsibilities:

File the original will with the district court in the county of the decedent's domicile
File Form AOC-805 to petition for appointment as executor or administrator
Post a surety bond in the amount set by the court (unless the will waives the bond)
Obtain Letters Testamentary or Letters of Administration — the official authority to act for the estate
Secure and protect all estate assets from loss, damage, or waste

Administrative duties:

File Form AOC-841 (Inventory and Appraisement) within 60 days of appointment
Open an estate bank account for all financial transactions
Notify the Social Security Administration, employers, pension plans, and insurance companies of the death
Publish the Notice to Creditors in a newspaper of general circulation in the county
Mail written notice to all known creditors
Manage the decedent's ongoing obligations (mortgage, utilities, insurance)
Maintain detailed records of all receipts and disbursements

Financial obligations:

Collect all estate assets, including outstanding debts owed to the decedent
Obtain court-appointed appraisals for real property, business interests, and other assets
File the decedent's final federal and Kentucky state income tax returns
Determine inheritance tax obligations for each beneficiary based on their class (A, B, or C)
File the Kentucky Inheritance Tax Return within 18 months of death if any Class B or C beneficiaries exist
Review and pay valid creditor claims in statutory priority order (KRS 396.095)
Pay estate administration expenses (court fees, attorney fees, bond premiums, publication costs)

Distribution and closing:

Distribute assets to beneficiaries according to the will or Kentucky intestacy laws (KRS Chapter 391)
Ensure surviving spouse receives their exempt property allowance ($15,000) and homestead exemption ($15,000)
Obtain signed receipts from each beneficiary for property distributed
File Form AOC-850 (Informal Final Settlement) or Form AOC-846 (Periodic/Final Settlement) with the court
Account for all assets received, disbursements made, and property distributed
The executor remains personally liable until the court approves the final settlement and discharges them

Unique State Rules

Kentucky inheritance tax

Kentucky is one of only six states that impose an inheritance tax — a tax on the beneficiary based on their relationship to the decedent. Beneficiaries are divided into three classes: Class A (spouse, parents, children, grandchildren, siblings) are fully exempt. Class B (nieces, nephews, children-in-law, aunts, uncles) receive a $1,000 exemption with tax rates of 4% to 16%. Class C (all others) receive a $500 exemption with rates of 6% to 16%. A 5% discount applies for tax paid within 9 months of death, and the return is due within 18 months. This tax applies regardless of the size of the estate.

No state estate tax

Despite having an inheritance tax, Kentucky does not impose a separate state-level estate tax. The inheritance tax is paid by individual beneficiaries, not by the estate as a whole. Only the federal estate tax applies for very large estates exceeding the federal exemption threshold.

District courts serve as probate courts

Unlike many states that have separate probate courts or handle probate in circuit courts, Kentucky uses its district courts for all probate matters. Each county has a district court with probate jurisdiction under KRS Chapter 24A.

60-day inventory requirement

Kentucky requires the executor or administrator to file an Inventory and Appraisement (Form AOC-841) within 60 days of appointment. This is a strict statutory deadline, and failure to comply can result in the personal representative being held in contempt or removed. The inventory must list all estate assets with their fair market values as of the date of death.

Surviving spouse protections

Kentucky provides strong protections for the surviving spouse, including an exempt personal property allowance of up to $15,000 (KRS 391.030), a homestead exemption of up to $15,000 in the decedent's real property (KRS 427.060), and a dower or curtesy interest — the surviving spouse may elect to take a one-third interest in the decedent's real property for life, or an equivalent share of the personal property, under KRS 392.020.

Dispense with administration for intestate estates with no debt

Under KRS 395.470, if a person died without a will and without any debts, all beneficiaries may agree in writing to dispense with administration of the estate entirely. This is a unique provision that allows families to transfer property without any court involvement when there are no creditors to protect.

Bond requirement

Kentucky generally requires the personal representative to post a surety bond as a condition of appointment. The bond amount is typically set at the value of the personal estate. The will may waive the bond requirement, but even then, the court has discretion to require one if it deems it necessary to protect beneficiaries.

Will filing requirement

Kentucky law (KRS 394.110) requires any person in possession of a decedent's will to file it with the district court clerk. Failure to file a will can result in civil liability and potential criminal penalties.

How SwiftProbate Helps

Kentucky's inheritance tax and district court procedures add layers of complexity that many families find challenging — especially while grieving. SwiftProbate generates a tailored roadmap for your specific Kentucky estate.

What SwiftProbate does for Kentucky estates:

Determines the right track — evaluates whether your estate qualifies for the Petition to Dispense with Administration (AOC-830) or requires regular probate based on asset types, values, and family circumstances
Identifies inheritance tax obligations — classifies each beneficiary as Class A, B, or C and flags whether the Kentucky Inheritance Tax Return is required, including the 5% early-payment discount deadline
Identifies the correct forms — maps your situation to the specific AOC forms you need, from the initial petition (AOC-805) through the final settlement (AOC-850 or AOC-846)
Generates Kentucky-specific deadlines — including the 60-day inventory filing deadline, 6-month creditor claim period, and 18-month inheritance tax return deadline
Creates asset-specific task lists — with steps for transferring real property, closing financial accounts, retitling vehicles through the Kentucky Transportation Cabinet, and handling beneficiary-designated assets

Start with a free account to get your Phase 1 estate administration checklist, covering the essential first steps for opening and managing a Kentucky estate.

Probate in Kentucky: Complete 2026 Guide