Do Not Treat Personal Property Authority as Land-Sale Authority
Kentucky probate statutes distinguish land from other estate assets. Do not cite KRS 395.195 or KRS 395.260 as a blanket power for a personal representative to sell Kentucky real estate. Review the will, deed, appointment, and current court record with Kentucky estate counsel.
KRS Chapter 389A Addresses Fiduciary Real-Estate Sales
KRS Chapter 389A covers fiduciary and judicial sales of real estate. It includes procedures involving District Court authority and a private sale subject to court approval. Which section applies depends on the will, fiduciary powers, owners, beneficiaries, debts, and requested transaction.
The Kentucky court clerks’ manual also describes service requirements when a fiduciary asks permission to sell real property. Estate counsel should prepare the correct motion, notice, appraisal, contract, and proposed order when required.
Before Accepting an Offer
- Confirm the recorded owner and whether the property passed by survivorship, trust, deed, or probate.
- Confirm the fiduciary appointment, bond, and powers granted by the will or court.
- Identify beneficiaries, creditors, liens, taxes, occupancy, and any disagreement.
- Ask counsel whether consent, service, appraisal, court approval, or a different proceeding is required.
- Have the title company review authority and prepare a preliminary settlement statement.
How Mortgage Forfeiture Can Participate
Roger can inspect the property and prepare a written as-is offer for the fiduciary, beneficiaries, lawyer, title company, and court to review. Mortgage Forfeiture cannot guarantee approval or timing and cannot decide whether the fiduciary may sign.
The contract states the price and allocated costs. The settlement statement shows mortgages, liens, taxes, prorations, estate-related payoffs, and estimated proceeds. Required approvals and signatures must be complete before closing.
General information only; not legal or tax advice. Consult a Kentucky probate attorney about the estate and county procedure.