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KRS 396.011(1) · checked 2026-10-21
How long probate takes in Kentucky
The longest fixed wait in probate in Kentucky is usually the creditor claim period: 6 months from the appointment of the personal representative under KRS 396.011(1), or, where no personal representative has been appointed, two years after the death. An estate cannot be closed safely before that window shuts.
- 1Claim period 6 months
- 2Counted from Notice / letters
- 3Outer limit None stated
- 4Statute KRS 396.011(1)
The statute
“unless presented within six (6) months after the appointment of the personal representative, or where no personal representative has been appointed, within two (2) years after the decedent's death”
Source: KRS 396.011(1) (read from the Justia copy, current as of 2025). Last checked 2026-10-21.
Worked example: a death on January 15, 2026
| Checkpoint | Date |
|---|---|
| Date of death | January 15, 2026 |
| Trigger: the appointment of the personal representative | March 1, 2026 |
| Creditor claim period ends (6 months, KRS 396.011(1)) | September 1, 2026 |
Kentucky starts the clock at the appointment of the personal representative, so the end date moves with the court. The example assumes that event comes 45 days after the death (March 1, 2026); a later filing pushes September 1, 2026 back day for day.
7 jurisdictions on this site give creditors longer and 30 give them less; the median is 122 days.
Steps that add time
- Getting appointed. Nothing runs until the appointment of the personal representative; the time between the death and the petition is outside the statutory period.
- Notice. Published notice and notice mailed to known creditors start or shorten the claim period; a creditor who should have been mailed notice may get extra time — here, or, where no personal representative has been appointed, two years after the death.
- Real estate. Selling or transferring a house adds deeds, appraisals and sometimes a court order to the timeline.
- Accounting and closing. The final account, receipts from heirs and any tax filings come after the claim period ends.
Nearby East South Central timelines
Alabama: 6 months; Mississippi: 90 days; Tennessee: 12 months from death.
Related: Kentucky small estate limit · creditor claim periods compared · executor timeline.
General information from the statute as written on 2026-10-21; not legal advice. Dates are worked examples of the statutory periods, not deadlines for any real estate. The Kentucky probate court and its clerk can confirm how the periods run in a given case.