How to Secure a Deceased Loved One’s Home in Kentucky and Prevent Siblings From Removing Belongings Before You Are Appointed Administrator

This FAQ-style guide explains practical steps you can take immediately after a death in Kentucky to protect a decedent’s home and belongings, how to document and inventory property, and what legal options exist to stop family members from removing items before the court appoints an administrator. This is general information and not legal advice. See the disclaimer at the end.

Overview: Can you act before appointment as administrator?

Until a Kentucky probate court issues letters of administration or letters testamentary, no one has the full legal authority to act as the decedent’s personal representative. The probate process and appointment of a personal representative are governed by KRS Chapter 395. For statutory background see KRS Title 395: Estates of Decedents, Wills, and Administration: https://apps.legislature.ky.gov/statutes/title/395/. You can, however, and should, take reasonable steps to secure the house and protect assets from imminent loss or theft. If there is an immediate risk of theft or destruction, Kentucky courts can provide emergency relief, including temporary appointment or injunctive relief, in appropriate cases.

Immediate practical steps to secure the house

Prioritize safety. If you or others may be at risk during confrontations, call 911 or local law enforcement. Do not use force to remove someone from the property.
Change locks or secure entry points. If the decedent’s keys are available and you can change the locks without force or trespass, do so to prevent unauthorized entry. If you cannot change locks immediately, consider placing a padlock on an exterior gate or using temporary measures. Keep a dated record and photos of the locks you replace.
Secure vital documents and small valuables. Locate and secure deeds, titles, insurance policies, the original will, financial records, jewelry, passports, and firearms. If possible, move these items to a secure locked location (a home safe or safe deposit box). If you remove items, create a contemporaneous inventory and photo record and keep them in neutral custody or with an attorney until the court appoints an administrator.
Document the condition of the house and belongings. Take time-stamped photos and video walkthroughs of every room, focusing on high-value items. Keep the media files in multiple places (cloud and personal device). Create an itemized inventory with descriptions, serial numbers, and estimated value.
Limit access and log visitors. Post a clear sign on the front door stating that the property is part of an estate and should not be disturbed. Keep a written log of everyone who enters or removes items, with date, time, list of items taken, and contact information of witnesses.
Notify relevant parties. Inform the decedent’s insurance company about the death and ask about coverage for theft or vandalism. Notify mortgage lender and utilities to prevent shutoff or automatic disconnection that could affect security systems.

How to create a defensible inventory and chain-of-custody

Good documentation reduces later disputes about missing property:

Photograph every room and item of value. Use time-stamped photos or video where possible.
Write a detailed inventory listing item, location, condition, serial number, and estimated value.
Have at least one neutral witness (neighbor, friend, or attorney) accompany you and sign or initial the inventory and date it.
Keep originals of the inventory, a dated receipt if you store items off-site, and all copies of photos and videos.

What not to do

Do not sell, destroy, or permanently dispose of estate property unless the court authorizes it.
Do not use threats or force to stop family members; avoid confrontations.
Do not hide or secretly remove assets in a way that might be seen as self-help or conversion.

Legal options in Kentucky to prevent siblings from taking property

If informal steps do not stop removal or loss of assets, consider these legal remedies:

Request emergency relief from probate court. If someone is actively removing property, you can petition the county probate court where the decedent lived to appoint a temporary administrator or to issue an order preventing removal of property until the court decides who will administer the estate. The probate process and appointment procedures are in KRS Chapter 395: https://apps.legislature.ky.gov/statutes/title/395/. Contact the local probate clerk for filing details and local forms: https://courts.ky.gov/SelfHelp/Pages/Probate.aspx.
Ask the court for an injunction or temporary restraining order. If siblings are taking property, you can ask the probate or circuit court for injunctive relief to stop further removals while the court resolves estate administration.
Criminal complaint for theft or conversion. If someone takes property without lawful authority, law enforcement may investigate theft or conversion. Keep your documentation and photos to support any criminal or civil action.
File a civil action for replevin or conversion. Replevin is a lawsuit to recover wrongfully taken property. A civil suit can force return of items or monetary damages.

How to petition for appointment as administrator in Kentucky

To obtain authority to manage and protect estate property, file a petition for administration in the probate court of the county where the decedent lived. Typical steps include:

Obtain certified copies of the death certificate.
Locate the original will (if any).
File a petition for probate or petition to be appointed personal representative with the appropriate probate clerk. The clerk can explain required forms and bond requirements. See KRS Chapter 395 for governing law: https://apps.legislature.ky.gov/statutes/title/395/.
Provide notice to heirs and creditors as required by the court.
If the court grants the petition, it will issue letters of administration or letters testamentary, which authorize you to act on behalf of the estate.

Evidence and documents to bring when you ask the court for emergency relief

Death certificate(s).
Photos and videos of the property and inventory.
Copies of any written communications you sent to siblings (emails, certified letters).
Witness statements or affidavits about who removed items and when.
Any relevant documents proving ownership (deeds, titles, registration).

A short hypothetical example

Hypothetical: Jane lives in Frankfort and learns her mother died. Jane finds the house unlocked and some jewelry missing. She photographs the rooms, changes the front door lock, locks jewelry in a fireproof box, files a short inventory signed by a neighbor, and calls the county probate clerk to ask how to file for administration. When her brother arrives and starts removing furniture, Jane immediately contacts the probate clerk and asks the court for emergency temporary appointment. The court schedules a quick hearing and issues a temporary order preventing removal of items until a full hearing on appointment. Jane’s documentation and witness statements support the request.

Helpful Hints

Start documenting immediately: photos, video, and a dated written inventory reduce later disputes.
Keep copies of everything off-site and in the cloud.
If family conflict is high, consider a neutral third party (bank safe deposit, attorney, or bonded moving/storage company) to hold high-value items temporarily.
Contact the local probate clerk early. They can explain filing procedures and often provide emergency intake for threatened loss of assets: https://courts.ky.gov/SelfHelp/Pages/Probate.aspx.
If you plan to move items off the property, create a signed receipt and label items clearly; preserve chain-of-custody documents.
Consider a short certified letter to siblings asking them to stop removing items and preserve the estate. Keep a copy of the letter and proof of delivery.
Do not try to resolve suspected theft by self-help or illegal measures — use police and court remedies.
Consult a probate attorney quickly if the situation escalates or if large assets are at issue. An attorney can prepare and file emergency motions and represent you at hearings.

Where to learn more and where to file: Kentucky statutes governing probate are at https://apps.legislature.ky.gov/statutes/title/395/. Kentucky Courts’ probate self-help resources are at https://courts.ky.gov/SelfHelp/Pages/Probate.aspx. Contact your county probate clerk for local forms and procedures.