Kentucky probate runs on a set of filings and deadlines that start the moment letters are issued. This guide walks you through each step with the actual statute citation and the current small estate threshold.
We’re not yet live in Kentucky — the guide below is still accurate, and you can join the waitlist to be the first to know when a Kentucky-licensed attorney is available.
Kentucky recognizes 2 paths. The right one depends on the will, the value of the estate, and whether all beneficiaries agree.
Full court supervision. Court approval required for major estate actions. Default administration type in Kentucky unless independent administration is authorized.
Less court supervision. Personal representative has broad discretion to act autonomously on property sales and distributions with court approval only at opening and closing.
These are the filings ordered the way they actually happen in a typical Kentucky estate. Each deadline is keyed to the triggering event — death, letters issued, first publication — and tied to the statute.
File petition with district court to open probate and appoint executor or administrator
Notify all heirs and devisees of probate proceedings and appointment
Publish notice in newspaper. Creditors have time to file claims.
File complete listing of estate assets with appraised market values
Creditors may file claims. Executor/administrator reviews and allows/disallows claims.
Independent: statement of account. Dependent: detailed accounting with court approval.
Distribute remaining assets to beneficiaries per will or Kentucky law of descent and distribution. Inheritance tax returns must be filed.
Petition for order to close estate and discharge executor/administrator
After the personal representative is appointed, a notice to creditors must be published once for 1 week. Creditors then have a limited window to file claims; claims filed after the deadline are generally barred.
Direct mailing is also required to All heirs and devisees named in notice.
If the gross estate is small enough, Kentucky allows a simplified path that skips most of the formal probate machinery. Faster, cheaper, and — done right — every bit as final.
Most states don’t charge a separate state-level death tax — but Kentucky does. Here’s what applies in addition to the federal estate tax (currently $13,990,000 exemption).
Return: Form 706K · Deadline: 9 months from death
Probate is filed in the county where the decedent lived at the time of death. A sample of active Kentucky courts:
Most Kentucky estates close in 9–15 months. The floor is set by the creditor claim period (6 months (fixed statutory period).) plus the time to file inventory, settle debts, and prepare the final accounting. Estates with real property sales, tax returns, or disputes run longer.
Yes. If the gross estate is $30,000 or less and at least 30 days have passed since the date of death, you can generally use a small estate affidavit or collection procedure instead of full probate. Citation: KRS 395.481.
Kentucky recognizes dependent or independent administration. dependent — Full court supervision. Court approval required for major estate actions. Default administration type in Kentucky unless independent administration is authorized. independent — Less court supervision. Personal representative has broad discretion to act autonomously on property sales and distributions with court approval only at opening and closing.
After the personal representative is appointed, a notice to creditors must be published once in a qualifying newspaper for 1 week. Creditors then have 6 months (fixed statutory period). Claims filed after the deadline are barred. Citation: KRS 395.035.
Kentucky law doesn't strictly require an attorney, but most personal representatives retain one. Court rules, creditor notice requirements, tax returns, and fiduciary accounting obligations create personal liability for the personal representative if they're done incorrectly. A flat-fee attorney through Closewell handles filings, statutory notices, inventory, and accounting with fixed pricing and no hourly billing.
Court filing fees in Kentucky typically run $200–$500, plus publication costs of $100–$300 for the creditor notice. Attorney fees are the biggest variable — traditional hourly counsel on a routine estate often bills $5,000–$15,000, while flat-fee services like Closewell price the same work from $1,400–$4,500 depending on complexity. Bond premiums, appraisals, and tax preparation are additional.
Closewell launches state by state so every matter is handled by a licensed attorney in your jurisdiction. Drop your email and we’ll tell you the day a Kentucky-licensed attorney is available.