1Immediate Actions
The first days
First: Get Death Certificates
Required for everythingKentucky Office of Vital Statistics
Certified Kentucky death certificates are issued by the Kentucky Office of Vital Statistics in Frankfort ($6.00 per certified copy, and $6.00 for each additional copy of the same record ordered at the same time), not by the probate court or the county clerk. Kentucky is a centralized state vital-records system: county health departments do not issue certified death certificates, so Leslie County families order from the state Office of Vital Statistics by mail or in person, or through the state's authorized online and phone vendor VitalChek (which adds a processing surcharge). Order 8 to 10 certified copies for banks, insurers, the Social Security Administration, and the court. Verify current ordering options, identification requirements, and fees before ordering.
Secure the Property
- Lock the residence and secure valuable items
- Forward mail to a responsible family member
- Make a list of what you find (don't throw anything away yet)
Locate Important Documents
2Required by Law
Legal duties
Deposit the Will
The original will is offered for probate in the District Court of the county where the decedent resided and, once admitted, is recorded with the county clerk (KRS 394.140). Kentucky sets no single fixed statutory day-count for a custodian to deliver the will after death and does not impose the three-year outer limit some states use; a valid Kentucky will must meet the signing and witnessing requirements of KRS 394.040. Offer the will for probate promptly, and verify will-delivery practice with the court. (KRS 394.140 (will offered for probate in the District Court); KRS 394.040 (requisites of a valid will))
Creditor claim window
Creditors generally have 6 months from appointment of the personal representative to bring claims against the estate. (KRS 396.011)
Notify Key Parties
- Banks and credit card companies (to prevent unauthorized use)
- Social Security Administration (1-800-772-1213)
- Employer (if applicable) for final paycheck and benefits
3Assess Your Situation
Before filing anything
Which probate type is right for you?
Small estate? If the estate is worth less than the Kentucky small-estate limit (shown on the options below), you may qualify for simplified procedures.
Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.
Complex assets? Business interests, real estate in multiple states, or contested claims may require probate administration.
Select a probate type below to see specific requirements and costs.
Which applies to your situation?
Not sure? Use the free checker at the top of this page - you don't have to decide this alone.
Kentucky's small-estate path is a District Court ORDER dispensing with administration, not a fixed-dollar out-of-court affidavit. Under KRS 395.455, where the surviving spouse's or children's exemption under KRS 391.030 (currently $30,000; $15,000 for deaths before July 15, 2020), alone or together with preferred claims, equals or exceeds the distributable assets, the court may dispense with administration and transfer the assets to the surviving spouse (or, if none, the surviving children, or a person the spouse designates). The petition uses AOC-830 and carries the same $50.00 filing fee. A surviving spouse may also obtain a court order to withdraw up to $2,500 from a bank before the exempt property is set apart (KRS 391.030(2)). Verify eligibility with the court or an attorney.
- Qualifies:
- $30,000
Administration of a testate or intestate estate of any size may be dispensed with by written agreement of all beneficiaries entitled to the personal estate when there are no debts owing by the estate, the beneficiaries have advertised for creditors (posting at the courthouse for six weeks and publishing under KRS Chapter 424), and provision has been made for the Kentucky inheritance tax and any federal estate tax (KRS 395.470). There is no dollar cap; the gate is no debts plus unanimous written beneficiary agreement plus creditor advertisement. The agreements are filed in the District Court with a motion, and the court may require a surety bond for creditors who appear within six months. Verify eligibility with the court.
- Qualifies:
- Smaller estates that meet the state limit
The personal representative (executor with a will, administrator without) is appointed by the District Court, files an inventory within 90 days of qualifying (KRS 395.250), addresses creditor claims during the six-month claim period, pays valid claims and taxes, and closes by filing a settlement (KRS 395.605 to 395.640). Kentucky administration is supervised by the District Court; there is no separate UPC-style informal or unsupervised track. No bond is required of a personal representative by default (KRS 395.130), though the court may order one. Verify local practice with the court.
- Qualifies:
- Larger estates, or when no simplified option fits
The personal representative (executor with a will, administrator without) is appointed by the District Court, files an inventory within 90 days of qualifying, addresses creditor claims during the six-month claim period, pays valid claims and taxes, and closes by filing a settlement with the court. Kentucky administration is supervised by the District Court; there is no separate UPC-style unsupervised or informal track.
- Attorney:
- not required by law, though many families use one
No bond is required of a personal representative by default (KRS 395.130); the court may order one for a public administrator or curator or in its discretion.
Documents you'll need:
- Certified Death Certificate
- Original Will
- Petition for Probate and Appointment of Personal Representative
- Inventory
- Settlement (Periodic or Final)
Kentucky's small-estate path is a District Court ORDER dispensing with administration, not a fixed-dollar out-of-court affidavit. Under KRS 395.455, where the surviving spouse's or children's exemption under KRS 391.030 (currently $30,000; $15,000 for deaths before July 15, 2020), alone or together with preferred claims paid, equals or exceeds the distributable assets, the court may dispense with administration and transfer the assets to the surviving spouse (or, if none, the surviving children, or a person the spouse designates). The court may also order that no letters issue and, in a testate estate, that the will be probated only (KRS 395.455(2)).
- Qualifies:
- $30,000
The effective ceiling tracks the KRS 391.030 exempt-property amount, which is banded by date of death ($15,000 before July 15, 2020; $30,000 on or after). KRS 395.455 was amended effective July 15, 2026 (2026 Ky. Acts ch. 134). A surviving spouse may also obtain a court order to withdraw up to $2,500 from a bank before the exempt property is set apart (KRS 391.030(2)).
Documents you'll need:
- Certified Death Certificate
- Original Will
- Petition to Dispense with Administration
Administration of a testate or intestate estate of any size may be dispensed with by written agreement of all beneficiaries entitled to the personal estate when there are no debts owing by the estate, the beneficiaries have advertised for creditors (posting at the courthouse for six weeks and publishing under KRS Chapter 424), and provision has been made for the state inheritance tax and any federal estate tax (KRS 395.470). The agreements are filed in the District Court with a motion. The court may require a surety bond for creditors who appear within six months of the order.
Documents you'll need:
- Certified Death Certificate
- Original Will
- Written agreement of all beneficiaries
- Proof of creditor advertisement
4File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
Leslie Circuit Court Clerk (District Court probate filing office) can help you understand forms and filing requirements at no cost.
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