Authority over the furniture is not authority over the land
Kentucky probate law treats real estate differently from the rest of the estate. The general powers in KRS 395.195 and KRS 395.260 are not a blanket license for a personal representative to sell Kentucky land. The will, the deed, the appointment and the current court record decide what the fiduciary can do, so have a Kentucky estate lawyer read them together.
KRS Chapter 389A covers fiduciary real estate sales
KRS Chapter 389A governs fiduciary and judicial sales of real estate. It includes a District Court process and a private sale subject to court approval. Which section applies depends on the will, the fiduciary's powers, the owners and beneficiaries, the estate's debts and the sale you are proposing.
The Kentucky court clerks' manual also describes the service requirements when a fiduciary asks permission to sell real property. Estate counsel prepares the motion, notice, appraisal, contract and proposed order where the court requires them.
Before you accept any offer
- Confirm who the recorded owner is, and whether the house passed by survivorship, trust, deed or probate.
- Confirm the fiduciary's appointment, bond and the powers granted by the will or the court.
- Identify the beneficiaries, creditors, liens, taxes, occupants and any disagreement.
- Ask counsel whether consent, service, an appraisal, court approval or a different proceeding is required.
- Have the title company review authority and prepare a preliminary settlement statement.
What Roger does, and what happens next
Roger looks at the house as it sits and prepares a written as-is offer for the fiduciary, the beneficiaries, the lawyer, the title company and, where needed, the court to review. He cannot decide whether the fiduciary may sign, and he cannot promise approval or a date.
If the estate accepts, the contract states the price and who pays which costs. The settlement statement shows mortgages, liens, taxes, prorations, estate-related payoffs and the estimated proceeds. Every required approval and signature has to be in place before closing, and the closing date is set once the title company knows what the file needs.
What can reduce the proceeds
Mortgage Forfeiture charges no company fee or agent commission. A mortgage, unpaid taxes, judgments, HOA balances, estate claims, prorations and any costs the contract assigns to the seller can still come out of the sale price. Kentucky also charges an inheritance tax on some beneficiaries; the Kentucky Department of Revenue publishes the classes and rates, and the estate's tax adviser can say whether it applies.
When a direct sale is not the right fit
If the house is in good shape and the beneficiaries are willing to wait through a listing, a retail sale may net the estate more. If the court has ordered a specific sale procedure, or the beneficiaries disagree about selling, counsel has to resolve that before any buyer can help.
Frequently asked questions
Sometimes. If the will grants a power of sale, the personal representative may be able to sell without a court order. Otherwise the representative generally needs a District Court order under KRS 389A.010, or the heirs and devisees sign the deed themselves. Ask estate counsel which applies.
Not always. Kentucky real estate passes to the heirs or devisees at death. Depending on the will, the debts and title, the transfer may go through an opened estate, or the heirs may record an affidavit of descent and sign the deed together. The title company and a probate attorney will say which documents they need.
A voluntary sale generally needs every owner with a title interest to sign. If one refuses, the options include a buyout, mediation or a court action for sale or division. Our multiple heirs guide explains how that works in Kentucky.
No. Roger buys as-is, and any cleanout terms are written into the contract. You can request an offer with the house exactly as it is.
Related guides
- How to sell an inherited house in Indiana or Kentucky
- Selling an inherited house with multiple heirs in Kentucky
- Selling Kentucky property from out of state
- We buy houses in Louisville, KY
General information only; not legal or tax advice. Consult a Kentucky probate attorney about the estate and county procedure.