How to Sell a House in Probate in Kentucky
Yes. How it works depends on what the will says. If it gives the executor a power of sale, the executor can sell without going back to court. If there's no will, or the will is silent, the personal representative asks the district court for an order granting the power to sell, with notice to everyone who has an interest. In some estates, the heirs can sell the house themselves using an affidavit of descent. Creditors have six months after a personal representative is appointed to present claims.
Reviewed by Dennis Fassett, founder of Dennis Buys Houses · Updated November 2026
For Kentucky families with a house in a loved one's estate, including estates in Jefferson and Fayette counties. General information only; confirm the details with a Kentucky probate attorney.
Does the House Pass Through the Estate?
- Survivorship deedKentucky abolished automatic survivorship between joint owners; it applies only if the deed expressly provides for it. (KRS 381.130)
- TrustIf the house was deeded to a trust, the trustee handles the sale.
- Transfer on death deedKentucky hasn't traditionally offered TOD deeds for real estate. A 2026 bill would create them, so ask your attorney whether that's now in effect.
- Everything elseThe house passes under the will or Kentucky's intestacy law.
Who Can Sell, and Does the Court Need to Say Yes?
The Will Grants a Power of Sale
Many Kentucky wills give the executor the power to sell real estate. With that power and letters from the district court, the executor can sign a contract and close.
No Power of Sale
The personal representative files a motion in the district court where they qualified, asking for the power to sell. Everyone with an interest gets written notice of the hearing (or waives it in writing), and the court enters an order. Any aggrieved party has 30 days to challenge the order in circuit court, and nobody can convey the property until that period runs. (KRS 389A.010)
The Heirs Sell Directly
Real estate generally passes to the heirs at death. If no administration is needed, the heirs can record an affidavit of descent and sell together. (KRS 382.120)
Read the will first. A power of sale can save a court hearing and a 30-day waiting period.
Want a Number to Compare Against?
Send me the address and where the estate stands. I'll give you an as-is number the family and attorney can weigh, and if listing would net more, I'll say so.
The Creditor Deadline
Claims against a Kentucky estate generally must be presented within six months after the personal representative is appointed, or within two years of death if no one is appointed. (KRS 396.011) A sale can close before then; the estate should simply hold back enough to cover claims.
What Families Usually Do
One Heir Keeps It
Works if someone wants it and can buy out the others or refinance.
List It With an Agent
Usually the highest price if the house is in decent shape and the estate can wait. Kentucky's seller disclosure form generally doesn't apply to sales by estates, but sellers still can't hide known defects.
Sell As-Is
If the house hasn't been touched in decades or the heirs are spread across the country, an as-is sale lets the estate skip the work. An as-is sale to a real estate investor is the simplest exit: you skip the showings, skip the repairs, skip the clean-out, and set the closing date yourself. No clean-out at Dennis Buys Houses means you take only what you want and leave everything else for us. We sort it out, and if we find anything that looks personal or valuable, it goes back to you.
The price reflects the repairs and the buyer's risk; the estate gets a dependable date and very little to manage.
Don't Let the Important Things Get Tossed
Families clearing a parent's house are usually worn out, and worn-out people throw things away fast. In one house I bought, I found a handmade album at the bottom of a basement box: a mother's keepsake record of her daughter's life. The daughter never knew it existed. I still go through what's left in every house, and anything personal or valuable goes back to the family. (The full story is on my About page.)
Taxes, Insurance and the Mortgage
Kentucky property tax bills generally come due by the end of the year, and unpaid ones become certificates of delinquency that a third party can buy. (See Selling a House With Delinquent Property Taxes in Kentucky.) A mortgage in default leads to a court foreclosure and a master commissioner's sale. (See Selling a House in Foreclosure in Kentucky.) An empty house needs the right insurance. (See Selling a Vacant House in Kentucky.)
Someone Living There
A lease survives the owner's death. A relative who won't leave may need a forcible detainer case. (See Selling a House With Bad Tenants in Kentucky.)
Handling It From Another State
Kentucky generally lets a nonresident serve as personal representative only if they're related to the person who died by blood, marriage or adoption; otherwise the court may appoint someone local. Ask your attorney early. Kentucky closings can usually be signed remotely through the title company or closing attorney.
Where the Money Goes
The mortgage, back taxes and liens come off the top. The rest goes to the estate, then to claims and costs, then to the heirs. Kentucky is one of the few states with an inheritance tax. Spouses, children, grandchildren, parents and siblings are exempt, but nieces, nephews, friends and others may owe it. A tax professional can tell you if it applies.
When Heirs Disagree
Because a court order for sale requires notice to everyone with an interest, a heir who objects can show up and be heard. If the house passes to several heirs who can't agree, any of them can ask the circuit court to sell it and divide the proceeds. A neutral as-is number sometimes helps settle things first.
I Handled My Own Mother's Estate
My mother spent her last months in our house, and the estate fell to me when she passed. I'm not a lawyer and won't pretend to be. But I know how heavy the house feels in the middle of grief, and I'm happy to talk through the real-estate side straight, including when listing with an agent is the better choice. (More on my About page.)
Kentucky Probate Mistakes
- Assuming two names on the deed means survivorship.
- Signing a contract without a power of sale or a court order.
- Closing before the 30-day challenge period on a sale order runs.
- Forgetting Kentucky's inheritance tax for non-family heirs.
- Letting the year-end tax bill go unpaid.
- Leaving the house uninsured as vacant.
Where I Fit, and Where I Don't
Kentucky estates usually call me when the house needs a lot of work, is still full, has sat empty for months, or the heirs live far away.
And you won't be asked to empty the house for Dennis Buys Houses. Leave what you don't want; we'll take care of it.
If it's updated and the estate can wait, an agent will probably get you more money, and I'll be straight with the family about that.
Whatever the situation, I'll tell you upfront whether I'm the right fit for it.
A Family Shares Their Experience
“Mr. Fassett – thank you for working with us to buy my Mom’s home after she passed away. When you mentioned that you would give us an offer within 24 hours and then close quickly I didn’t really believe that we would have the house sold in only 2 weeks. I’m glad I found you.”
Read more reviews from homeowners I've worked with
Frequently Asked Questions
Yes, if the will grants a power of sale. Otherwise, the personal representative gets an order from the district court granting the power to sell.
Generally six months after the personal representative is appointed, or two years after death if no one is appointed.
No. With an as-is sale, take what you want and leave the rest. Dennis Buys Houses handles what's left.
Sometimes. Heirs can record an affidavit of descent and sell together when no administration is needed.
Yes, but close relatives like spouses, children, grandchildren, parents and siblings are exempt.
Not traditionally. A 2026 bill would create them, so ask your attorney about its current status.
Your county's district court probate division handles filings. Key statutes: KRS 389A.010 (power to sell), KRS 396.011 (claims) and KRS 382.120 (affidavit of descent).
Kentucky Selling Guides
- Selling an Inherited House in Kentucky
- Selling a Vacant House in Kentucky
- Selling a House With Bad Tenants in Kentucky
- Selling a House in Foreclosure in Kentucky
- Selling a House With Delinquent Property Taxes in Kentucky
Start With What the House Is Worth
Tell me where it is and where the estate stands. I can't give legal advice, but I'll tell you what it brings as-is, how a sale fits the court steps, and whether listing would net the heirs more.