{"id":135,"date":"2017-03-13T13:14:14","date_gmt":"2017-03-13T13:14:14","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=135"},"modified":"2024-04-25T23:21:09","modified_gmt":"2024-04-26T03:21:09","slug":"deeds-relating-to-probate-and-estate-administration-in-kentucky","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/deeds-relating-to-probate-and-estate-administration-in-kentucky\/","title":{"rendered":"Deeds Relating to Probate and Estate Administration in Kentucky"},"content":{"rendered":"\n

When a person dies, his or her estate is subject to court-supervised\nadministration, a process referred to as probate. Probate enables persons who\nare entitled to receive it to inherit a decedent\u2019s property, pursuant either to\nthe terms of a will or Kentucky laws of intestacy, when the decedent dies\nwithout a will. Property \u2013 such as transfer-on-death accounts, survivorship\ninterests, and trust accounts \u2013 that transfers automatically is not subject to\nprobate. Title 34 of the Kentucky Revised Statutes governs probate proceedings\nin the Commonwealth of Kentucky.<\/p>\n\n\n\n\n\n\n\n

The probate division of the district court handles probate\nfor estates located in the district. To initiate probate proceedings, a\ndecedent\u2019s will must first be proven in court. If there is no will, persons\nwith priority to administer the estate may petition the court for probate and\nthe granting of letters. The letters authorize the personal representative to\nact as the estate\u2019s fiduciary.<\/p>\n\n\n\n

The personal representative (PR) is called an executor when granted\nletters testamentary, or an administrator when granted letters of\nadministration. Executors are persons named in the decedent\u2019s will to become\nthe PR of the estate upon the testator\u2019s death. Administrators are selected by the\ncourt when the decedent either does not leave a will, fails to name an executor\nin the will, or the named executor is unwilling or unable to serve.<\/p>\n\n\n\n

The PR may be instructed by will to sell the decedent\u2019s real\nproperty. In other instances, he or she may need to sell real property in order\nto generate funds to pay the estate\u2019s debts, relevant taxes, valid claims on\nthe estate, or costs of administration, or to consolidate the estate for ease\nof distribution. When the PR is not explicitly directed by will, he or she is\nrequired to get court approval before selling estate property.<\/p>\n\n\n\n

To transfer real property pursuant to a sale or to fulfill a\ndevise or distribution pursuant to a will or laws of intestate succession, the\nPR must execute a deed. The deed transfers title to the named grantee for the\nconsideration noted on the face of the document.<\/p>\n\n\n\n

The personal representative\u2019s deed is named after the grantor\u2019s\nrole \u2013 an executor uses an executor\u2019s deed, an administrator uses an administrator\u2019s\ndeed. The forms are functionally equivalent to a special warranty deed (KRS \u00a7 382.040),\nwhich states that the grantor warrants the title only from claims arising\nduring the time he or she held it.<\/p>\n\n\n\n

Personal representative\u2019s deeds must meet all requirements\nfor standard conveyances, such as a complete legal description of the property\nsubject to transfer, a recitation of the source of title, a consideration\nstatement signed by both parties and notarized, and a preparation statement\nsigned by the preparer. In addition, deeds executed by PRs must state the name\nof the PR and his or her capacity, as well as the name of the decedent, the\ndistrict wherein probate of the estate is open, and the case number assigned to\nthe estate by the court. The PR must sign the completed document in front of a\nnotary before recording in the office of the appropriate county clerk.<\/p>\n\n\n\n

Before closing the estate, the personal representative must\nfile an affidavit in the office of the county clerk describing each transfer of\ninterest in the decedent\u2019s property, the value of each interest, and the names\nand addresses of each recipient (KRS \u00a7 382.135(4)). <\/p>\n\n\n\n

Note that, when a person has inherited real property from an intestate estate by descent, an affidavit of descent (affidavit of heirship) is required before he or she may convey the property in the future. See KRS \u00a7 382.120.<\/p>\n\n\n\n

Available Kentucky Probate Documents:<\/p>\n\n\n\n