Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When a decedent owned assets in multiple Kentucky counties or other states, you must follow Kentucky’s probate rules and, if necessary, local procedures in each jurisdiction.
1. Identify the Decedent’s Domicile
Kentucky Revised Statutes (KRS) Chapter 395 governs probate. Under KRS 395.020, you file the primary probate case in the county where the decedent was domiciled at death. That single administration covers all personal property throughout Kentucky and real property located in that county. (KRS 395.020).
2. Handle Real Property in Other Kentucky Counties
If the estate holds real estate in other Kentucky counties, obtain certified copies of Letters of Administration or Letters Testamentary from the primary county’s court. Record those copies with each county clerk where the land lies. Recording validates your authority to sell or transfer that property without opening a separate probate case.
3. Manage Intangible and Personal Property
For bank accounts, investment accounts or vehicles titled in Kentucky, present your letters to each institution. Kentucky courts generally allow a single set of letters to govern personal property statewide.
4. Administer Out-of-State Assets
When the decedent owned real property in another state, you must open an ancillary probate there. That process follows the other state’s statutes—often called “ancillary administration.” You typically submit a certified copy of the Kentucky letters plus an ancillary petition. This procedure lets you sell or transfer out-of-state land.
Intangible assets (such as out-of-state bank or brokerage accounts) may allow you to present the Kentucky letters directly, but some institutions require ancillary letters or a court order from their jurisdiction.
5. Coordinate with Local Professionals
Each county clerk’s office in Kentucky may have its own filing requirements, fees and local forms. For out-of-state assets, consult counsel licensed where the property lies. Local attorneys help navigate filing deadlines, bond requirements and tax filings.
Helpful Hints
- Prepare an inventory of all assets, sorted by location and type.
- Obtain multiple certified copies of your Kentucky letters to avoid repeated courthouse visits.
- Check each county clerk’s website for specific recording fees and forms.
- Hire local counsel in other states to handle ancillary probate or property registration.
- Consider using a revocable trust for future planning to avoid multiple probates.
- Track deadlines for estate tax or inheritance tax returns in each jurisdiction.
- Maintain clear records of all communications with courts, banks and title companies.
- Communicate with beneficiaries regularly to manage expectations and reduce disputes.