Probate in Kentucky: do you need a lawyer, and what it costs

Settling an estate in Kentucky

What an executor deals with after the funeral: the will, the court, creditors, tax and closing the estate. Each fact links to the statute it comes from and shows the date we last read it.

Filing the original will

Kentucky law does not set a deadline for handing over an original will. If someone is holding it, the District Court can order them to produce it, and the will must be presented to the court before or when an executor is appointed.

KRS 394.160; KRS 395.015(2)(a)Read the statute · apps.legislature.ky.govchecked Oct 5, 2026

Which court handles probate

In Kentucky, the District Court in the county where the person who died lived handles probate. Contested matters go to Circuit Court.

KRS 394.140; KRS 24A.120(2)Read the statute · apps.legislature.ky.govchecked Oct 5, 2026

Creditors' deadline to make claims

In Kentucky, creditors must present claims within 6 months after the executor or administrator (the law calls them the personal representative) is appointed. If no one is ever appointed, the limit is 2 years after the death. The court clerk publishes a monthly notice listing new appointments and the claim deadline.

KRS 396.011; KRS 396.015; KRS 424.340Read the statute · apps.legislature.ky.govchecked Oct 5, 2026effective Jun 29, 2021

Estate inventory

In Kentucky, the executor or administrator must file an inventory with the court within 90 days of qualifying. The inventory is kept sealed and confidential.

KRS 395.250; KRS 395.255Read the statute · apps.legislature.ky.govchecked Oct 5, 2026effective Jul 15, 2026

The order estate debts are paid

In Kentucky, if the estate cannot pay every debt, they are paid in this order: costs of administration, then funeral expenses, then debts and taxes with priority under federal or Kentucky law, then all other claims.

KRS 396.095Read the statute · apps.legislature.ky.govchecked Oct 5, 2026effective Jul 15, 1988

State estate and inheritance tax

Kentucky has no estate tax, but it does have an inheritance tax paid on what some beneficiaries receive. A surviving spouse, parents, children, grandchildren, brothers and sisters (and, for deaths from 2026, nieces and nephews) pay nothing; other relatives and unrelated people may owe 4% to 16%.

KRS 140.070; KRS 140.080; KRS 140.130Read the statute · apps.legislature.ky.govchecked Oct 5, 2026effective Jan 1, 2026

Closing an estate

In Kentucky, the estate is closed by filing a final settlement with the District Court that accounts for everything received, paid and distributed. If the executor is the only beneficiary, or all adult beneficiaries sign waivers, an informal final settlement can be filed any time after 6 months from appointment without notice or a hearing, and the court can then discharge the executor.

KRS 395.605; KRS 395.610; KRS 395.617; KRS 395.620; KRS 395.630Read the statute · apps.legislature.ky.govchecked Oct 5, 2026effective Jul 15, 2026