Probate

General Information

Probate is the court-supervised process of administering a deceased person’s estate in Kentucky. Through probate, the Court appoints a personal representative (often called an executor or administrator), authenticates the will if there is one, identifies and gathers assets, pays valid debts and taxes, and distributes what remains to the people or charities entitled to inherit.

Not every estate requires a full formal probate. Some assets pass outside probate by beneficiary designation, joint ownership with right of survivorship, or trust. When probate is needed, Kentucky procedure is governed primarily by KRS Chapters 394–395 and related probate statutes. Our firm helps families and fiduciaries understand which path applies and how to move the estate forward efficiently and correctly.

If you are planning ahead rather than administering an estate after a death, see our pages on wills, trusts, and estate planning. Probate is the “after” counterpart to those planning tools.

Purpose / Necessity

Hiring counsel for probate administration helps the personal representative meet court deadlines, give proper notice to heirs and creditors, inventory assets, and avoid personal liability for missteps. Counsel also helps beneficiaries understand their rights when questions arise about the will, the inventory, or proposed distributions.

Early advice is especially useful when the estate includes real estate, a closely held business, out-of-state assets, contested claims, or family disagreement. In those situations, a clear plan at the outset often reduces delay and conflict later.

Our Probate Practice

Wolfe & Houlehan assists clients in Lexington and throughout Kentucky with probate and related fiduciary matters, including:

  • Probate administration — opening the estate, qualifying the personal representative, and guiding the case through Court until closing
  • Estate administration — inventorying assets, addressing creditor claims, coordinating tax issues as needed, and distributing the estate
  • Will contests and estate disputes — challenges to validity, interpretation disputes, and related litigation or negotiated resolution
  • Guardianship and conservatorship — petitions and proceedings to appoint a guardian or conservator when an adult cannot manage personal or financial affairs
  • Serving as executor or administrator — practical guidance for fiduciaries on duties, timelines, and Court filings (see also Serving as Executor / Executrix)
  • Small-estate and informal options — evaluating whether a streamlined procedure may be available under Kentucky law

How the Process Typically Works

Every estate is different, but a typical formal probate in Kentucky includes steps such as:

  1. Filing a petition to probate the will (if any) and appoint a personal representative
  2. Issuance of letters testamentary or letters of administration
  3. Notice to heirs, beneficiaries, and creditors as required by law
  4. Inventory and appraisal of estate assets
  5. Payment of debts, expenses, and taxes that are properly due
  6. Accounting and Court approval of distributions
  7. Closing the estate

We explain each stage in plain language, prepare the filings, and coordinate with the District Court probate clerk as the case proceeds.

Contact Us

If a loved one has died and you need help opening or administering a Kentucky estate—or if you have been named executor and are unsure of your next steps—contact Wolfe & Houlehan. We can review the situation, outline the likely path, and represent you through probate administration, estate disputes, or guardianship proceedings.

Contact our firm or call (859) 444-4695.