Think of assets in three “buckets”:

Bucket 1 – Assets with Named Beneficiaries

Life insurance, IRAs, 401(k)s, and “payable-on-death” or “transfer-on-death” accounts go directly to the named beneficiary. These are considered “outside of probate”.

Bucket 2 – Jointly Owned Property

Assets titled “joint with right of survivorship” (like many homes) automatically pass to the surviving owner. Be careful! Not all deeds are held in survivorship. In Kentucky there is specific language needed (even if you are married). Don’t assume your deed reflects your wishes. It’s best to have an attorney review it to make sure. Bank accounts with two owners (not multiple signers). Car titles in more than one name using “or”.

Bucket 3 – In One Person’s Name

Anything owned solely in the decedent’s name — such as an individual bank accounts, vehicles held alone or with more than one owner using “and”, ownerships in businesses, real estate held alone or as “tenants in common”, proceeds from a lawsuit if there is wrongful death or medical malpractice — must go through probate.

The Kentucky Probate Timeline

While every case is different, here’s a general outline of the timeline:

1. File Petition – Any time after death.
2. Court Hearing & Appointment – 1–8 weeks after filing (depending on county and whether there’s a will).
3. Inventory Filed – Within 60 days of appointment
4. Creditor Period – 6 months for creditors to file claims.
5. Final Settlement – After 6 months, the estate may be closed either formally (court- approved) or informally (with waivers).

In Kentucky, an estate must remain open at least six months after the executor’s appointment.

Will I pay more taxes if the estate goes through probate?

No. Probate has no effect on tax obligations. In fact, inheriting property is usually much better (for tax purposes) than having it gifted during a person’s lifetime. Click here to learn more about capital gains tax and stepped up basis.

In Kentucky, inheritance tax is imposed based on the relationship a person has to the deceased.

(Link) KY estate tax page

What if the deceased didn’t own very much?

Some smaller estates qualify for a simplified process called Dispense with Administration if the total value is under $30,000. The only heirs qualified to file this type of small estate is a surviving spouse, child or creditor.

Should I avoid probate?

✅ Benefits of Probate

 Court supervision provides transparency and protection.

 Creates clear, legal transfer of ownership.

 Resolves debts and disputes in an orderly way.

 Conflicts can be decided by the probate judge.

 Can make selling real estate easier

❌ Challenges

 It takes time — at least 6 months.

 It’s public record.

 Creditors have a venue to make claims.

Proper planning — through wills, trusts, and updated beneficiary designations — can reduce these delays and expenses.

The English Law Group, P.S.C. can help

We guide Kentucky families through every step of the probate process — from filing the petition

to closing the estate. Our team helps executors, heirs, and trustees understand their duties and options with compassion and clarity.

We can help you with:

 Probate court filings
 Estate administration
 Small estate procedures
 Will validation
 Real estate transfers
 Trust administration

Plan now. Protect later.

At English Law Group, we make estate planning and probate understandable, affordable, and

family-focused.