Topic guideUpdated 2026-02-27
What to Do When Someone Dies in Kentucky — First Steps
Immediate steps, document gathering, and whether probate or estate administration is needed.
First 24-48 hours
1
Obtain the death certificate
The funeral home handles this, but you will need multiple certified copies. Banks, insurers, the DMV, and the probate court all require originals.
2
Locate estate planning documents
Look for a will, trust, Power of attorney, and advance directives. Check the person's home, a safe deposit box, their attorney's office, and any digital storage. These documents control what happens next.
3
Secure the person's property
Lock the home, collect mail, secure vehicles, and safeguard valuables. If the person lived alone, notify the landlord or mortgage company.
4
Notify immediate contacts
Employer, Social Security (1-800-772-1213), pension or retirement plan administrators, life insurance companies, and the post office.
Determining if probate is needed
Not every death requires Probate. In Kentucky, probate may not be necessary if:
- All assets were held in a living trust
- Assets passed by beneficiary designation (retirement accounts, life insurance, POD accounts)
- Property was held in joint tenancy with right of survivorship
- The estate qualifies as a small estate under Kentucky law
If probate is needed, the process begins by filing the will (if there is one) with the probate court in the county where the deceased lived.
With a will vs. without a will
| Died with a will (testate) | Died without a will (intestate) | |
|---|---|---|
| Who inherits | The people named in the will §394.040 | Determined by Kentucky's intestacy statute — a fixed formula based on family relationships §394.040 |
| Who manages the estate | The Executor named in the will | An Administrator appointed by the court |
| Guardian for minor children | Nominated in the will §387.020 | The court decides |
| Timeline | Faster — executor has clear instructions | Slower — court appoints administrator, no roadmap |
Key decisions in the first few weeks
- Whether to hire a probate attorney (recommended for any estate with real estate, debts, or potential disputes)
- Whether to open a formal or informal probate proceeding
- How to handle the deceased person's debts and bills during the process
- Whether to file for any applicable benefits (Social Security survivor benefits, VA benefits, life insurance)
⚠Do not distribute assets or pay non-essential debts until you understand the full picture. The Personal representative can be held personally liable for premature distributions if the estate turns out to have insufficient assets to pay valid claims.
✓If the deceased had a trust, the successor Trustee should begin administering trust assets immediately — trust administration is separate from probate and does not require court involvement.
Prepare for Your Consultation
Quick checklist (Estate Planning)
You can start the intake without all of these.
Existing will or trust
(if any)
Asset summary
(property, accounts, policies)
Family information
(beneficiaries, guardians)
General preparation tips only. Requirements vary by case and state.
No Obligation
Ready to Talk to a Lawyer?
Submit a short intake form and a participating Kentucky attorney who handles this type of matter may reach out to you. No commitment required.
No attorney-client relationship is created unless you later sign an engagement agreement. Participating attorneys may pay a marketing fee to receive inquiries.
Common Questions
Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.