Kentucky Probate Real Estate Sale Calculator

The land already passed to the heirs at death — the executor's ordinary powers were never written to reach it.

Based on KRS 395.195, 395.220, 395.150 FigureMyTax Editorial Team Free · no sign-up

Selling a Kentucky probate house

Enter the sale price to see the typical fee picture.

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Estimated cost of this Kentucky probate sale
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Routine powers stop at land's edge

What makes Kentucky different: KRS 395.195 lists what a personal representative may do without court approval, and item (6) reads "Acquire or dispose of an asset, other than land." Without a power of sale written into the will (KRS 395.220), the executor cannot sell Kentucky real estate on the letters alone — the land already descended to the heirs, so reaching it takes court authority under Kentucky's fiducial and judicial sales law (KRS Chapter 389A).

A commission cap, not a fixed entitlement

KRS 395.150 caps compensation at 5% of the value of the personal estate, plus 5% of income collected — and the court may approve less depending on the circumstances. Real estate that passes directly to the heirs, without being administered by the personal representative, isn't part of that personal-estate base at all.

The heir who takes the house owes the tax personally

Under KRS 140.190, the heir or devisee who receives real property is personally liable for the Kentucky inheritance tax on it — a liability that follows the recipient directly, not just a general claim against the estate. See Capital Gains Tax on the Sale for the separate income-tax question.

Class A heirs owe nothing at all

A spouse, parents, children, grandchildren, and siblings — and, for deaths on or after January 1, 2026, nieces and nephews — are Class A heirs, fully exempt from Kentucky inheritance tax under KRS 140.070 and 140.080.

The inventory is now confidential

A recent change makes the required 90-day inventory (KRS 395.250) confidential: the clerk seals it and sends a copy to the Department of Revenue, and the personal representative furnishes copies only to those the statute or court allows.

Kentucky probate real estate sale — frequently asked questions

Can a Kentucky executor sell the house on the letters alone?

Not without a power of sale in the will. KRS 395.195(6) specifically excludes land from the routine powers a personal representative may exercise without court approval — the land already descended directly to the heirs at death.

How much does a Kentucky personal representative get paid for selling the house?

KRS 395.150 caps compensation at 5% of the value of the personal estate, plus 5% of income collected — and the court may approve a lower amount. Real estate that passes directly to heirs isn't counted in that personal-estate base at all.

Who is personally liable for Kentucky inheritance tax on an inherited house?

The heir or devisee who receives the real property, under KRS 140.190 — a personal liability that follows the recipient, not just a lien against the estate generally.

Which relatives owe no Kentucky inheritance tax on the house?

Class A heirs — a spouse, parents, children, grandchildren, and siblings, and, for deaths on or after January 1, 2026, nieces and nephews — are fully exempt under KRS 140.070 and 140.080.

What is Kentucky's state tax rate on the sale's gain?

A flat 3.5% for 2026, applying to capital gains exactly as it does to ordinary income, with no distinction between short- and long-term holdings.

Same statute, every District Court

Jefferson, Fayette, and Kenton County each run their own District Court probate docket, but KRS 395.195's land exclusion and the §395.150 commission cap apply identically statewide.

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Figures are based on KRS 395.195, 395.220, 395.150, and typical realtor commission rates. Actual costs depend on the estate's own facts. Confirm current figures with the District Court or a licensed Kentucky attorney before acting.