In Kentucky, passing away without a will is also known as becoming “intestate.” If this happens, your personal and real property will be subject to the state’s distribution rules, which follow an order of inheritance. However, before your heirs receive anything, the court will use your estate to pay off your debts.
What happens to your debts if you pass away intestate?
If you pass away with outstanding debts, some of your assets – such as solely owned real estate, personal property, financial accounts and business interests – will be subject to the probate process. To accomplish this, a Kentucky District Court probate case usually opens to allow a court-appointed personal representative known as an administrator can collect assets, pay debts and distribute what remains to your family.
What is the order of inheritance in Kentucky?
If you pass away without a will, the state will distribute your property in a specific order after using your assets to pay off any remaining debts. There is a particular order that determines who receives your belongings and how much.
The state prioritizes your spouse and children, then your parents and siblings followed by distant relatives. If you have no kin remaining, the state will claim your assets. As for what happens to your property, the state follows an order of inheritance:
- Your surviving spouse and children
- Your children only, assuming you have no living spouse
- Your parents, if you have neither spouse nor children
- Your siblings and their children
- Distant relatives, including grandparents, aunts and uncles
- No heirs, also known as escheat. If you have no family remaining, all of your personal and real property goes to the state after probate and if your heirs cannot be found
Similarly, if you have a child whom you have given up for adoption, they may inherit your estate if they have not yet been adopted. Non-probate assets such as jointly owned property and financial accounts also pass directly to beneficiaries, bypassing state laws.
How does writing a will help you and your family?
Though it can be difficult to confront your own mortality, outlining your wishes before you pass away can grant you some peace of mind. Wills let you control what happens to your assets after your passing, and by giving clear instructions, you can avoid stressful disputes between family members. With the knowledge that your estate will go to the people that you choose, you can alleviate anxiety and provide for those you care about for years after you pass on.