The loss of a loved one is nothing less than devastating. Facing the probate process in the wake of your loss adds confusion and stress, especially if your loved one left no will behind.
If your family member died without a valid will, Kentucky intestate succession laws will determine how their assets are distributed. Knowing what to expect can help you prepare for the process under these laws.
Who inherits in the absence of a will?
The state follows a strict order of inheritance under its intestate succession laws. Kentucky law gives surviving spouses priority rights to personal property and a life interest in real estate.
If the decedent had a surviving spouse and children, both receive a share. If there are no children, the spouse may inherit more. If there’s no spouse, the estate passes to children, then parents, siblings and more distant relatives in a set hierarchy.
What assets go through probate?
Only assets solely owned by the decedent and not designated to a beneficiary go through probate. Examples include personal property, real estate and financial accounts without joint ownership or transfer-on-death instructions. Assets like life insurance policies and retirement accounts with named beneficiaries typically bypass probate.
The role of the court and administrator
Since there’s no will naming an executor, the court appoints an administrator, often a close relative, to manage the estate. This person must inventory assets, notify creditors, pay debts and distribute property according to Kentucky law. The process is supervised by the district court in the county where the decedent lived.
The probate process can be complex, with or without a will. Seasoned legal counsel can offer guidance while helping you honor your loved one.
