How to Determine Intestate Heirs of a Father’s Estate in Kentucky | Kentucky Probate | FastCounsel
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How to Determine Intestate Heirs of a Father’s Estate in Kentucky

Disclaimer: I am not a lawyer. This article is for educational purposes only and does not provide legal advice.

Detailed Answer

When someone dies without a valid will (“intestate”) in Kentucky, KRS Chapter 392 governs who inherits. To determine your father’s heirs, follow these steps:

Step 1: Verify Intestacy

Obtain a certified copy of the death certificate and review your father’s estate plan. If no will exists or the will is invalid, Kentucky’s intestate succession statutes apply.

Step 2: Identify and Classify Relatives

KRS § 392.020 establishes the priority of heirs:

  • Spouse and descendants (children, grandchildren)
  • Parents and their descendants (siblings, nieces/nephews)
  • Grandparents and their descendants (aunts/uncles, cousins)
  • Next of kin in the closest degree of kinship

See KRS § 392.020: Kentucky Statutes Chapter 392.

Step 3: Determine Each Share

Once you list all likely heirs, calculate shares under Kentucky law:

  • If a surviving spouse and no descendants exist, the spouse inherits the entire estate.
  • If a surviving spouse and descendants exist, the spouse takes the first $50,000 plus half of the balance; descendants divide the remainder equally. See KRS § 392.130: Spouse’s Share.
  • If no spouse but descendants exist, children inherit equally per stirpes.
  • If no spouse or descendants, the estate passes to parents, then siblings, then more remote kin as set out in KRS § 392.020.

Step 4: Gather Documentation

Collect birth certificates, marriage certificates, and any adoption or paternity records. These documents prove relationships and birth order, which matter if half- or full-blood siblings exist.

Step 5: File an Intestate Probate Case

Submit a petition in the county where your father lived. The probate court will appoint an administrator. The administrator compiles a family tree, notifies all potential heirs, and oversees asset distribution under KRS Chapter 396.

Helpful Hints

  • Start with a detailed family tree—include stepchildren and adopted children if legally adopted.
  • Check both maternal and paternal lines—half-blood relatives inherit equally with whole-blood under Kentucky law.
  • Use certified records—uncertified copies may face court challenges.
  • Notify all potential heirs promptly—Kentucky law requires notice to distribute the estate correctly.
  • Consider a probate lawyer for complex family situations or disputes over heir identity.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.