The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for Kentucky with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.
This page is built to print. Use your browser's Print command and choose "Save as PDF" for a one-page Kentucky reference. Every figure below is compiled from the statutes and state authorities listed at the bottom — the same sources cited on our Kentucky probate pages.
Kentucky probate fees
| Item | Kentucky |
|---|---|
| Attorney fees | Not statutory. The estate pays fees as a reasonable administrative expense. |
| Executor / personal representative fees | KRS 395.150 caps the personal representative's compensation at 5% of the value of the personal estate plus 5% of the income collected, with additional 'fair and reasonable' compensation allowed on proof of services that were unusual or extraordinary and not normally incident to administration, or performed in connection with real estate or with estate and inheritance taxes claimed against property outside the estate. The section states a ceiling, not an entitlement. |
| Fee basis | statutory |
| Appraisal / referee | Not used. Kentucky does not appoint a state appraiser. KRS 395.250(1)(a) requires the personal representative of a decedent to file an inventory "no later than ninety (90) days from the time of qualifying as personal representative", and (1)(b) requires the inventory to be filed under seal and kept confidential, with a copy transmitted by the clerk to the commissioner of the Department of Revenue. That ninety-day period and the confidentiality were set by 2026 Ky. Acts ch. 134, sec. 13, effective July 15, 2026; the clock runs from qualifying, not from appointment. |
Worked example
On a $400,000 personal estate that also collected $10,000 of income, the maximum under KRS 395.150(1) is $20,500 (5% of $400,000 = $20,000, plus 5% of $10,000 = $500). Real property is not in the base at all, because the base the subsection names is the personal estate; KRS 395.150(2)(b) separately lets the court allow additional compensation for services performed in connection with real estate.
Kentucky thresholds and deadlines
| Item | Kentucky |
|---|---|
| Small-estate threshold | KRS 395.455 sets no dollar threshold. It lets the court dispense with administration and transfer the assets where the exemption for the surviving spouse or children, alone or together with preferred claims paid by them, "equals or exceeds the amount of distributable assets" — a test that compares the exemption against the estate rather than capping the estate at a figure. It applies to testate and intestate estates alike, without requiring renunciation of a will, and §395.455(3) extends it to a preferred creditor or other person where the spouse or children have waived the exemption or there is no surviving spouse or children. The exemption it turns on is set by KRS 391.030(1), which exempts thirty thousand dollars ($30,000) of personal property from distribution for the surviving spouse or children. |
| Creditor claim period | Six months after the personal representative is appointed under KRS 396.011 (restored to the pre-2020 rule by 2021 legislation). If no personal representative is appointed, creditors have two years from the date of death. |
| Statutory floor (creditor period) | Six months after the personal representative is appointed under KRS 396.011 (restored to the pre-2020 rule by 2021 legislation). If no personal representative is appointed, creditors have two years from the date of death. |
| Transfer-on-death deed | Kentucky does NOT currently authorize a transfer-on-death deed for real estate. Bills to adopt the Uniform Real Property Transfer on Death Act have been introduced repeatedly (most recently in 2024 and 2026) but none has become law, so solely owned real property generally must pass through probate, joint ownership, or a living trust. |
What passes outside Kentucky probate
These transfers are not part of the estate the fees above are calculated on:
- Beneficiary designations — retirement accounts, life insurance, payable-on-death accounts.
- Joint ownership with right of survivorship.
- Transfer-on-death deed — Kentucky does NOT currently authorize a transfer-on-death deed for real estate. Bills to adopt the Uniform Real Property Transfer on Death Act have been introduced repeatedly (most recently in 2024 and 2026) but none has become law, so solely owned real property generally must pass through probate, joint ownership, or a living trust.
- Assets titled into a funded living trust.
Sources for this sheet
- Statutes: KRS 395.150; KRS 395.455; KRS 396.011; KRS 391.030; KRS 395.250
- State authority: Kentucky Court of Justice (kycourts.gov)
- Executor fees: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=36328
- Small-estate procedure: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49987
- Creditor claim period: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38287
Compiled August 15, 2026 from the sources listed above. Fee schedules, thresholds, and court costs are amended by legislatures and courts — confirm each figure against the cited statute or the Kentucky court before relying on it.
The full Kentucky guides
- How Much Does Probate Cost in Kentucky? — the full cost breakdown.
- How Much Does an Executor Get Paid in Kentucky? — the fee rule in detail.
- How Long Does Probate Take in Kentucky? — the timeline and its statutory floor.
- Executor Deadlines in Kentucky — inventory deadline, creditor-claim period and outer bar, each quoted from the statute.
- How to Avoid Probate in Kentucky — the transfers that pass outside it.
- How Much Does a Will Cost in Kentucky? — execution requirements and pricing.
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This sheet sets out Kentucky probate figures as published at the time of compilation. It is not legal advice. Figures and statutes change and their application depends on the specific estate. Confirm current figures with the Kentucky courts or a licensed Kentucky attorney.