Probate is the court-supervised process of administering a deceased person’s estate in Kentucky. Through probate, the court admits the will (if there is one), appoints a personal representative (often called an executor or administrator), and oversees the gathering of assets, payment of valid debts and taxes, and distribution of what remains to the people or charities entitled to it.
Experience across Kentucky: Attorney Joseph H. Wolfe has assisted clients with contested and highly complex probate litigation in high six-figure and/or seven-figure cases as far east as Pike County, Kentucky and as far west as Hickman County, Kentucky.
Not every asset goes through probate. Property that passes by beneficiary designation, joint ownership with right of survivorship, or a trust generally passes outside probate. Kentucky’s probate procedures are found mainly in KRS Chapter 394 and KRS Chapter 395, along with KRS Chapter 396. 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 instead of settling an estate after a death, see our pages on wills, trusts, and estate planning. Probate is the “after” counterpart to those planning tools.
This page offers general information about Kentucky law, not legal advice. Reading it or contacting us does not create an attorney-client relationship; that begins only when we agree in writing to represent you. See our advertising notice.
Why Have Counsel for Probate?
An attorney can help the personal representative meet court deadlines, give proper notice to heirs and creditors, inventory assets, and avoid personal liability for missteps. Counsel can also help 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.
Our Probate Practice
Wolfe & Houlehan assists clients in Lexington and throughout Kentucky with probate and related 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.
- Contested probate matters – beneficiaries concerned about how an executor or administrator is handling the estate, and other disputes.
- Will contests and estate disputes – challenges to validity, interpretation disputes, and related litigation or negotiated resolution. See also Will Contests.
- Guardianship and conservatorship – proceedings to appoint a guardian or conservator when an adult cannot manage personal or financial affairs.
- Serving as executor or administrator – practical guidance on duties, timelines, and court filings.
- Small-estate and simplified options – evaluating whether Kentucky’s simplified procedure for small estates may be available. See Will Alternatives.
How the Process Typically Works
Every estate is different, but a typical formal probate in Kentucky includes steps like these:
- Filing a petition to probate the will (if any) and appoint a personal representative.
- Qualification of the personal representative (oath or declaration, and bond if the court requires one).
- Notice to heirs, beneficiaries, and creditors as the law requires.
- Inventory of estate assets.
- Payment of debts, expenses, and taxes that are properly due.
- Accounting and, where required, court approval of distributions.
- 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. We will give you a realistic timeline once we understand the estate.
Legal Fees
Legal fees: $250 per hour. This applies to probate administration, estate administration, and representation of executors and administrators. We will explain our fee arrangement and the likely scope of work at the start and put the engagement terms in writing before we begin.
Contact Us
To talk with us about this matter, call (859) 444-4695 or contact our office. If it is easier to start online, our secure intake form works too. We are located at 226 N. Upper St., Lexington, Kentucky 40507.