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The End of Life Plannerby Valoren

General information · not a substitute for the advice of an attorney.

Free · general informationKentucky

Probate in Kentucky

What Kentucky’s own law and courts say about probate, from how an estate comes before the court to when creditors must claim. Nothing on this page decides whether a particular estate needs probate. That question belongs to the court, or to an attorney in Kentucky.

  • Every fact dated, in the official words
  • Each state’s own law

Every quotation checked October 24, 2026

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Every quotation on this page is the official body’s own words, as they stood on the day we read them. The date is beside each one.

Applying for appointment: the sworn application, presenting the will, and the financial disclosure statement

every person shall make and file in duplicate a written application for appointment under oath

If the decedent died testate, the decedent's will shall be presented to the court prior to or at the time of any appointment.

A written general financial disclosure statement of the property of the decedent, to the extent known, shall be filed separately at the time of filing the application for appointment.

Kentucky · general information · checked October 24, 2026 · KRS 395.015(1), (2)(a), (3)(a)

When no one entitled applies to administer, and who the court may appoint instead

If no person mentioned in subsection (1) applies for administration within sixty (60) days from the death of an intestate, the court may grant administration to a creditor, or to any other person, in its discretion.

Kentucky · general information · checked October 24, 2026 · KRS 395.040(2)

The outer time limit for opening an administration

Original administration shall not be granted after the expiration of ten (10) years from the death of the testator or intestate and if made after that time, it shall be void.

Kentucky · general information · checked October 24, 2026 · KRS 395.010

When creditors' claims are barred, with and without a personal representative

are barred against the estate, the personal representative, and the heirs and devisees, unless presented within six (6) months after the appointment of the personal representative, or where no personal representative has been appointed, within two (2) years after the decedent's death.

Kentucky · general information · checked October 24, 2026 · KRS 396.011(1)

Who is a Class A beneficiary for the inheritance tax, and the deaths the current list applies to

(1) Class A. In case the transfer is to or for the benefit of a parent, surviving spouse, child by blood, stepchild

nephew, niece, or a nephew or niece of the half blood, brother, sister, or brother or sister of the half blood, the tax shall be subject to the provisions of KRS 140.080.

apply to estates of decedents who died on or after January 1, 2026.

Kentucky · general information · checked October 24, 2026 · KRS 140.070(1)

Who is a Class B beneficiary for the inheritance tax

In case the transfer is to or for the benefit of a daughter-in-law, son-in-law, aunt or uncle, or a great-grandchild who is the grandchild of a child by blood

Kentucky · general information · checked October 24, 2026 · KRS 140.070(2)

The Department of Revenue's discount for paying the inheritance tax within a set time

If the inheritance tax is paid within nine months of date of decedent’s death, a 5 percent discount is allowed.

Kentucky · general information · checked October 24, 2026 · Kentucky Department of Revenue

The court's power to make the holder of a will produce it

Any District Court, on being informed that a person has in his custody the will of a testator, may summon him, and, by proper process, compel him to produce it.

Kentucky · general information · checked October 24, 2026 · KRS 394.160

When the county clerk returns a recorded will, and to whom

For any will recorded on or after January 1, 2027, the county clerk shall return the will to the person designated in the order admitting the will to probate no earlier than two (2) years after it has been recorded by the county clerk.

Kentucky · general information · checked October 24, 2026 · KRS 394.300(1)(b)

The same page for other states

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FAQ

Common questions

Wills shall be proved before, and admitted to record by, the District Court of the testator's residence

Kentucky · general information · checked October 24, 2026 · KRS 394.140

every person shall make and file in duplicate a written application for appointment under oath

If the decedent died testate, the decedent's will shall be presented to the court prior to or at the time of any appointment.

A written general financial disclosure statement of the property of the decedent, to the extent known, shall be filed separately at the time of filing the application for appointment.

Kentucky · general information · checked October 24, 2026 · KRS 395.015(1), (2)(a), (3)(a)

Original administration shall not be granted after the expiration of ten (10) years from the death of the testator or intestate and if made after that time, it shall be void.

Kentucky · general information · checked October 24, 2026 · KRS 395.010

If no person mentioned in subsection (1) applies for administration within sixty (60) days from the death of an intestate, the court may grant administration to a creditor, or to any other person, in its discretion.

Kentucky · general information · checked October 24, 2026 · KRS 395.040(2)

are barred against the estate, the personal representative, and the heirs and devisees, unless presented within six (6) months after the appointment of the personal representative, or where no personal representative has been appointed, within two (2) years after the decedent's death.

Kentucky · general information · checked October 24, 2026 · KRS 396.011(1)

(1) Class A. In case the transfer is to or for the benefit of a parent, surviving spouse, child by blood, stepchild

nephew, niece, or a nephew or niece of the half blood, brother, sister, or brother or sister of the half blood, the tax shall be subject to the provisions of KRS 140.080.

apply to estates of decedents who died on or after January 1, 2026.

Kentucky · general information · checked October 24, 2026 · KRS 140.070(1)

(b) Class A beneficiaries, as defined in KRS 140.070, total inheritable interest;

Kentucky · general information · checked October 24, 2026 · KRS 140.080(1)(b)

In case the transfer is to or for the benefit of a daughter-in-law, son-in-law, aunt or uncle, or a great-grandchild who is the grandchild of a child by blood

Kentucky · general information · checked October 24, 2026 · KRS 140.070(2)

(c) All persons of Class B, under KRS 140.070, $1,000; and

(d) All persons of Class C, under KRS 140.070, $500.

Kentucky · general information · checked October 24, 2026 · KRS 140.080(1)(c)–(d)

(1) Class A. In case the transfer is to or for the benefit of a parent, surviving spouse, child by blood, stepchild

nephew, niece, or a nephew or niece of the half blood, brother, sister, or brother or sister of the half blood, the tax shall be subject to the provisions of KRS 140.080.

apply to estates of decedents who died on or after January 1, 2026.

Kentucky · general information · checked October 24, 2026 · KRS 140.070(1)

(b) Class A beneficiaries, as defined in KRS 140.070, total inheritable interest;

Kentucky · general information · checked October 24, 2026 · KRS 140.080(1)(b)

For anyone who would rather their family found it all in one place than went looking.

A couple. A parent. An adult child and a parent, doing it together. One sitting starts it; keep it current, and tell someone where it is.

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