Disclaimer: This article is for educational purposes only and does not constitute legal advice. For guidance specific to your situation, consult a qualified attorney.
Detailed Answer
When someone dies in Kentucky without a valid will, the estate passes by intestate succession according to state law. Under Kentucky Revised Statutes §391.020, if there is no surviving spouse but there are surviving descendants, the entire estate goes to those descendants. See the statute here: KRS §391.020.
In the scenario where the decedent has two children and no spouse, each child inherits an equal share of the estate. For example, if the estate is valued at $200,000, after debts and expenses each child would receive $100,000.
Key steps in the intestate process:
- Appointment of Administrator: The probate court appoints an administrator to manage the estate.
- Inventory and Valuation: The administrator gathers assets, pays debts, taxes, and expenses.
- Distribution: Remaining assets distribute equally to the two children under KRS §391.020.
If a child predeceased the decedent but left their own children, those grandchildren inherit their parent’s share by representation (per stirpes).
Helpful Hints
- File a probate petition promptly in the decedent’s county of residence.
- Collect records of all assets, debts, and family relationships.
- Identify all potential heirs early to avoid disputes and delays.
- Understand homestead and family allowances that may protect certain assets.
- Seek legal advice if heirs disagree or if the estate involves complex assets.