Kentucky Probate Cost Calculator & Fee Guide

Q: How long does probate take in Kentucky?

Most Kentucky estates take 6 to 12 months, set by the 6-month creditor claim period. Estates with an inheritance-tax return or disputes run longer.

How probate costs work in Kentucky

Probate in Kentucky runs through the District Court in the county where the person lived — Jefferson (Louisville), Fayette (Lexington), Kenton, Boone, Warren, Hardin and the state's 120 counties. Kentucky is unusual on two counts: it caps the executor fee at 5% of the personal estate (real estate excluded), and it is one of the few states with an inheritance tax — based on who inherits.

1. Executor fee — 5% cap on personal estate

KRS 395.150(1): executor compensation cannot exceed 5% of the value of the decedent's personal estate, plus a separate 5% of any income the executor collects (rents, interest, dividends). Real property is not in either base. It's a maximum — the court can allow less.

On a $500,000 personal estate, the ceiling is $25,000. Assets with named beneficiaries (IRAs, 401(k)s, life insurance) pass outside probate and don't count. Family members serving as executor often waive the fee, since it's taxable income.

2. Attorney fees — no statutory schedule

Kentucky does not set attorney fees by statute (KRS 395.150 is silent on legal fees). They must be reasonable, and are often in the same range as the executor cap. It's a separate cost.

3. The Kentucky inheritance tax — the big variable

KY inheritance tax (by class): Class A (spouse, children, grandchildren, parents, siblings, and — for deaths on or after Jan 1, 2026 — nieces & nephews by blood) is exempt. Class B (in-laws, aunts, uncles, great-grandchildren): $1,000 exempt, then 4% to 16%. Class C (cousins, friends, others): $500 exempt, then 6% to 16%. Set by KRS 140.070.

This is usually the largest cost when a non-exempt beneficiary inherits. Kentucky has no estate tax (none since 2005). Pay the inheritance tax within 9 months for a 5% discount.

4. Court & other costs

Filing fee — modest; about $50 to open, plus a court technology fee, roughly uniform statewide.
Publication / notice to creditors — the newspaper sets the price (~$50–$150).
Bond — not required by default (KRS 395.130), unless the court orders one.

5. When probate can be simplified in Kentucky

Dispense with administration (KRS 395.455) — when no probate assets pass through the PR's hands.
Surviving-spouse/children allowance — $30,000 exempt from distribution and creditors (KRS 391.030), plus a $2,500 bank withdrawal.
Living trust, joint tenancy, POD/TOD — bypass probate (but the inheritance tax can still apply to non-exempt heirs).

Cost component	Kentucky figure	Source
Executor fee	≤ 5% of personal estate + 5% income	395.150
Attorney fee	Reasonable (no statute)	court
Inheritance tax	Class A exempt; B 4–16%; C 6–16%	140.070
Court filing fee	~$50 + technology fee	AOC
Spousal allowance	$30,000 exempt	391.030
State estate tax	None	KY DOR

Kentucky probate cost — frequently asked questions

How much does probate cost in Louisville / Lexington?

The 5% executor cap and the inheritance-tax classes are statewide; only the county District Court differs. In Jefferson (Louisville), Fayette (Lexington), Kenton or Boone, a $500,000 personal estate left to a child has up to a $25,000 executor fee (Class A, so no inheritance tax), a reasonable attorney fee, and modest court fees. Left to a cousin or friend, the inheritance tax becomes the biggest cost.

How does the Kentucky inheritance tax work?

It's charged to the beneficiary by class. Class A (spouse, children, parents, siblings, and, from 2026, nieces and nephews by blood) pays nothing. Class B (in-laws, aunts, uncles) gets a $1,000 exemption then 4–16%. Class C (cousins, friends) gets a $500 exemption then 6–16%. So $100,000 to a cousin costs about $12,670, but to a child costs $0. Kentucky has no estate tax.

Did the Kentucky inheritance tax change in 2026?

Yes — one real change. For deaths on or after January 1, 2026 (2026 Ky. Acts ch. 198), nieces and nephews by blood moved from Class B to Class A, so they're now fully exempt. Class B and Class C rates and exemptions were unchanged. Nieces and nephews by marriage remain Class C.

Is the 5% executor fee automatic?

No — it's a maximum. KRS 395.150 caps the fee at 5% of the personal estate plus 5% of income, but the court can approve less, and real estate isn't in the base. Family executors who are also heirs frequently waive it, since it's taxable income while an inheritance is not.

How long does probate take in Kentucky?

Most Kentucky estates take 6–12 months, set by the 6-month creditor claim period. Estates with an inheritance-tax return or disputes run longer.

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Kentucky caps the executor fee at 5% of the personal estate plus 5% of income under KRS 395.150 — a maximum the court may reduce; real estate is not in the base. The inheritance tax depends on the beneficiary's class (A exempt; B 4–16% after $1,000; C 6–16% after $500) under KRS 140.070, with nieces and nephews by blood moving to Class A for deaths on or after January 1, 2026. Kentucky has no estate tax. Confirm current figures with the District Court, the Kentucky Department of Revenue, or a licensed Kentucky attorney before acting.