Topic guideUpdated 2026-02-27
Kentucky Probate Creditor Claims & Deadlines
How creditor claims work in Kentucky probate — the notice process, the six-month window, payment priority, and what happens with disputed claims.
The notice process
1
Publish notice to creditors
The personal representative publishes a notice in a newspaper of general circulation in the county where the estate is being administered §396.011. This starts the claims clock.
2
Send direct notice to known creditors
In addition to published notice, the personal representative should send written notice to any creditors they are aware of — mortgage lenders, credit card companies, medical providers, etc. Known creditors who receive direct notice have known creditors must receive direct written notice; claims must be filed within the 6-month nonclaim period.
3
Wait for the claims window to close
The Nonclaim period is 6 months after appointment of the personal representative, or 2 years after the decedent's death if no personal representative is appointed §396.011. Claims filed after this deadline are permanently barred.
4
Review and resolve each claim
The personal representative evaluates each claim for validity, amount, and timeliness. Claims can be accepted, negotiated, or formally disputed.
Payment priority under Kentucky law §396.190
When the estate has enough assets to pay all debts, priority is straightforward. When it does not, statute establishes the order:
| Priority | Category | |
|---|---|---|
| First | Administration expenses, funeral costs, and taxes §396.190 | |
| Second | Secured claims and statutory preferences §396.190 | |
| Third | General unsecured claims §396.190 |
- Costs of administration
- Reasonable funeral expenses
- Debts and taxes preferred under federal law
- Debts due the Commonwealth of Kentucky
- Reasonable and necessary expenses of the last illness
- All other claims (pro rata if funds are insufficient)
⚠Distributing assets to beneficiaries without paying or reserving funds for valid claims can create personal liability for the personal representative §395.199. When in doubt, retain funds until the claims period closes.
Common complications
- Late claims filed after the nonclaim window (barred, but exceptions exist)
- Disputed claims that require court hearings to resolve
- Estates where debts exceed assets (insolvent estates require strict priority payment)
- Claims from parties who were not given adequate notice
- Medical debts or long-term care costs that continue to arrive after death
Prepare for Your Consultation
Quick checklist (Probate)
You can start the intake without all of these.
Death certificate
(copy)
Will or trust docs
(if any)
Basic asset list
(accounts / property)
General preparation tips only. Requirements vary by case and county.
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Common Questions
Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
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Related guides
Legal authoritiesStatutes referenced on this page
KRS § 396.011
Nonclaim statute — creditor claims deadline
All claims against the estate must be presented within the nonclaim period or they are forever barred.
- Nonclaim period: 6 months after appointment of the personal representative, or 2 years after the decedent's death if no personal representative is appointed
- Known creditors: known creditors must receive direct written notice; claims must be filed within the 6-month nonclaim period
- Claims not timely filed are permanently barred
Verified 2026-07-29 · quarterly review
KRS § 396.190
Payment priority order
When assets are insufficient to pay all debts, statute establishes the order in which claims are paid.
KRS § 395.199
Personal representative liability
Distributing assets before all valid claims are resolved can create personal liability for the representative.
Citations link to official or authoritative sources. Laws change — verify current text before relying on any statute. How we verify citations →