KY] Who can open and manage an intestate estate?
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Under Kentucky intestacy, children are likely primary heirs (KRS 391.010). Probate would be in Boone County (KRS 24A.120(2)). You can apply to be administrator, or hire a local attorney to handle it and minimize travel. Many attorneys can work remotely. Your son may be reimbursed for funeral costs from the estate.
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My brother died without a will. He wasn’t married. Supposedly has 2 kids, but we’re not sure. He always told me I should have everything as his last living relative. We followed his burial wishes. What do we do?
I’m sorry for your loss. Do you have information on his assets or debts?
He had Social Security, a couple pensions, a mortgage, checking account, stock (DUKE), and a 401(k). He told me I was beneficiary of the stock, but the company says no. He always said I should take everything and handle it. My son paid about $8,000 for the funeral.
Which state?
He lived in Florence, Kentucky. I’m in Buckhorn, Kentucky. I’m 71 and can’t travel.
Under Kentucky intestacy, children are likely primary heirs (KRS 391.010). Probate would be in Boone County (KRS 24A.120(2)). You can apply to be administrator, or hire a local attorney to handle it and minimize travel. Many attorneys can work remotely. Your son may be reimbursed for funeral costs from the estate.
If his kids won’t do it or can’t be found, would it fall on me to administer and then distribute to the kids?
Yes. You can petition to be administrator, gather assets, pay debts, and distribute according to Kentucky law. You must make reasonable efforts to locate the children. A probate attorney can help; the court can appoint a guardian ad litem if needed.
What if no one can or will administer?
The court can appoint a public administrator/professional fiduciary. Fees come from the estate. Assets are still distributed under Kentucky law; unclaimed property may eventually escheat to the state.
Is there a timeline to get started?
No strict deadline to open probate, but earlier is better. After opening, creditors generally have a limited window (often ~6 months from first published notice) to file claims. Starting promptly helps preserve assets and avoid complications. Consult a Kentucky probate attorney for filings and deadlines.
Thank you. That helps a lot.
