Kentucky Estate Planning and Probate Attorney

Estate Planning and Probate Help for Kentucky Families

Most people put off estate planning because it means thinking about illness and death. Then a parent has a stroke and the bank will not talk to anyone, or a family member dies and the deed is still in a grandparent's name. The Law Office of Andrea N. Bussell, PLLC helps families in Carlisle, Paris, and the surrounding counties put a plan in place before a crisis, and works with families through probate after a death.

Our estate planning and probate work covers wills and trusts, powers of attorney, healthcare directives, probate administration, estate settlement, guardianship and conservatorship, and legacy planning. Andrea N. Bussell founded the firm in 2020 after working with the Kentucky Court of Justice from 2010 to 2018. Her practice includes estate planning and probate alongside family law.

Wills and the Basic Documents

A will says who receives your property, who you trust to handle your estate, and who you would want to raise minor children. Under KRS 394.040, a will must be in writing and signed by the person making it, or by someone else in that person's presence and at their direction. If the will is not entirely in the person's own handwriting, it must be signed or acknowledged in front of at least two credible witnesses, and the witnesses must sign in the presence of the person and of each other.

KRS 394.225 lets you make a will self-proved. The person making the will and the witnesses sign an acknowledgment and affidavits in front of a notary or another officer who can give oaths. A self-proved will can be admitted to probate without testimony from any witness. That helps when a witness has moved away or died by the time the will is needed.

Some families also use a trust to manage money for a child or a relative who needs help. Whether a trust makes sense depends on what you own and who you want to protect.

Powers of Attorney and Health Care Directives

Financial Power of Attorney

A power of attorney lets you name an agent to handle money, property, and legal paperwork for you. Kentucky's rules are in the Uniform Power of Attorney Act, KRS Chapter 457. Under KRS 457.040, a power of attorney made under that chapter is durable, which means it keeps working if you become incapacitated, unless the document says otherwise. KRS 457.050 requires the principal to sign it, and a signature acknowledged before a notary is presumed to be genuine.

Under KRS 457.200, banks and others generally must accept an acknowledged power of attorney, or ask for more information, within seven business days, with some exceptions. A power of attorney ends at death under KRS 457.100, so it does not replace a will.

Living Will and Health Care Surrogate

Kentucky's advance directive law is at KRS 311.621 to 311.643. An advance directive lets you name a health care surrogate to make medical decisions when you cannot, and record your wishes about life prolonging treatment. Under KRS 311.625, it must be in writing, dated, and signed, and either witnessed by two adults or acknowledged before a notary. Blood relatives, people who would inherit from you, your attending physician, and certain others cannot serve as the witnesses or the notary.

Probate After a Death

Probate is the court process for settling the estate of someone who has died. In Kentucky it runs through the District Court. KRS 24A.120 gives District Court jurisdiction over probate matters that are not contested, and contested matters go to Circuit Court. Under KRS 394.140, a will is proved in the District Court of the county where the person lived.

The court appoints a personal representative. If the will names an executor, that person usually asks to be appointed. If there is no will, the court appoints an administrator, and under KRS 395.040 it prefers the surviving spouse, then others who are entitled to share in the estate. The personal representative gathers the assets, pays valid debts and expenses, and distributes what is left. When real estate passes through the estate, KRS 382.135(4) requires the personal representative, before closing the estate, to file an affidavit with the county clerk of each county where the property is located, naming who receives it.

When There Is No Will

Without a will, Kentucky's descent and distribution statutes decide who inherits. For real estate, KRS 391.010 sets the order: the surviving spouse, then children and their descendants, then parents, then brothers and sisters, and further out from there. The spouse's share depends on whether either spouse has children from another relationship, and the General Assembly changed that rule in 2026. The result may not be what the person who died would have chosen.

Deeds and Property Issues That Affect Your Plan

Real estate is often the largest thing a family owns, and it is where plans most often go wrong. A farm deeded decades ago, a house still titled in a late parent's name, or land held with a brother or sister can change how a will works or whether probate is needed at all. Before we draft a plan, we look at how your property is titled. If a deed needs to be prepared or corrected, see our page on deeds and property transfers.

Blended Families and Aging Parents

If you or your spouse have children from an earlier relationship, the rules above show why a will matters. Without one, the statute decides how your real estate is split between a spouse and children, and that split may not match what you want for either. A will lets you make that choice yourself.

For aging parents, the most useful documents are often the power of attorney and the health care directive, signed while the parent can still make decisions. When a parent loses capacity without them, the family may have to ask a court for a guardianship or conservatorship.

Guardianship and Conservatorship in Plain Terms

Kentucky's adult guardianship law is in KRS Chapter 387. Under KRS 387.520, the District Court decides whether an adult is disabled or partially disabled and appoints a guardian or conservator. KRS 387.510 explains the roles. A guardian manages a person's personal affairs, and a conservator manages money and property. A limited guardian or limited conservator has only the powers the court lists in its order.

Under KRS 387.590, a person with a limited guardian or conservator keeps every right the court has not specifically taken away. A court appointment of a conservator or guardian of the estate also ends an existing power of attorney under KRS 457.100, unless the court orders otherwise. For a minor who owns property or receives money, KRS 387.025 lets an interested person ask the District Court to appoint a conservator.

Kentucky Counties We Serve for Estate Planning and Probate

We work with families across twelve counties from offices in Carlisle and Paris: Nicholas, Bourbon, Harrison, Fleming, Mason, Montgomery, Bath, Pendleton, Bracken, Scott, Fayette, and Woodford. Probate is filed in the District Court of the county where the person lived, and we handle matters in each of these counties.

View All Service Areas

What to Bring to Your First Meeting

Bring what you have. We will tell you what else would help.

• Any existing will, trust, power of attorney, or living will, even if it is old
• Deeds or property tax bills for any real estate you own
• A list of bank accounts, retirement accounts, and life insurance, with the beneficiaries named on each
• Names and addresses of your spouse, children, and anyone else you want to include
• For probate: the death certificate, the original will if one exists, and a list of known bills

Frequently Asked Questions About Kentucky Estate Planning and Probate

Talk With Us About Your Plan or an Estate

Offices in Carlisle and Paris. Twelve Kentucky counties served.

Book a prospective client appointment online, or call to speak with our office about a will, a power of attorney, or an estate.

Contact the office | Book a prospective client appointment | All intake forms