Cartersville, GA asked in Probate

Q: In Kentucky, if an heir passes away prior to finalizing a will, does there portion go to their children?

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Probate Lawyer
  • Crossville, TN

A: It is not possible to fully and definitively answer your question without more facts, but usually what happens in that circumstance is another probate is required to administer the estate of the heir that died without a will. That deceased heir's estate would include the inheritance in the first probate. That heir's own estate would pass according to the laws of intestate succession in the relevant state (you did not say where the deceased heir had lived).

Most state laws of intestate succession favor the surviving spouse and children first. If there is no surviving spouse, then most state laws of intestate succession favor just the children. If there is a surviving spouse, then some state favor the surviving spouse over the children.

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