Educational Resources

Learn more about estate sales, the probate process in Kentucky, and whether an estate sale is right for your situation.

Estate Sale vs. Yard/Garage Sale

ESTATE SALE

1

Attracts serious buyers, collectors, resellers, dealers

2

Professionally advertised: online, signs, mailing lists

3

Items are individually researched, appraised, and priced

YARD/GARAGE SALE

1

Mostly casual bargain-hunters and neighbors

2

Local signs, Facebook Marketplace, maybe a Craigslist ad

3

Priced to sell quickly, often negotiable and not appraised

Bottom Line: Estate sales maximize value through professional handling, while yard sales offer quick, simple disposal of items.

IS AN ESTATE SALE

RIGHT FOR YOU?

Rustic Rose Estate Co.

LOSS OF A LOVED ONE

During this emotional time, the added strain of sorting and selling your loved ones items can be difficult.

Professionals manage the process respectfully and efficiently.

TRANSFER TO ASSISTED LIVING

Rustic Rose Estate Co. helps reduce excess belongings, raises funds for the transition, and eases the emotional weight of parting with possessions.

I NEED TO DOWNSIZE MY ESTATE

If you have too many collectibles or inherited a large collection, an estate sale can attract collectors and buyers willing to pay fair prices.

FACING FORECLOSURE OR HARDSHIP

If you need fast cash or to reduce personal property, an estate sale may be a good option for you.

Estate sales can generate funds and reduce loss during a difficult financial period.

LONG-DISTANCE MOVES

It's often more practical to sell off large items rather than transport them.

Quickly liquidate furniture and belongings before a move.

FACING DIVORCE OR SEPARATION

As a neutral third party handling the sales, we can make the process smoother during this difficult transition.

KENTUCKY PROBATE PROCESS – STEP-BY-STEP

1

File Petition to Open Probate

Who: Executor (if named in the will) or a close relative.

Where: District Court in the county where decedent lived.

What's Filed:

  • • Death Certificate
  • • Original Will (if any)
  • • Petition to Probate Will and Appoint Executor/Administrator

Timing: Ideally within 10-30 days of death, though there is no strict deadline unless estate actions require it.

2

Notify Heirs, Beneficiaries, and Creditors

• All heirs, beneficiaries, and next of kin must be notified

• A Notice to Creditors is published in the local newspaper if estate ('testate') with a will

• Creditors have 6 months from date of executor/administrator appointment to file claims (per KRS §396.011)

3

Inventory and Appraise Estate Assets

• Inventory includes all real estate, personal property, bank accounts, stocks, and debts owed to the estate

• A full inventory must be filed with the court unless waived by the will or court

Timing: Often within 60 days of appointment

*Legal counsel may require a licensed appraiser for valuable assets

4

Pay Debts and Taxes

• Use estate funds to pay funeral costs and valid creditor claims

• Final income taxes • Estate taxes (if applicable)

⚠️ Wait until after the 6-month creditor period before making final distributions to ensure no late claims

*Executors should not disperse funds unless authorized by court

5

Distribute Remaining Assets

• Once all debts and taxes are paid, executor distributes remaining assets according to:

  • — the will (testate) or Kentucky intestacy law
6

Resolve Disputes (if any)

• Will contests or beneficiary disagreements may arise

• Court may need to interpret unclear provisions

• Mediation often preferred over litigation

7

Close the Estate

• File final accounting with the court

• Obtain receipts from beneficiaries

• Request discharge from court

Timeline: Simple estates: 6-12 months | Complex estates: 1-3+ years

⚖️ Legal Disclaimer: The information provided does not constitute legal advice. It is purely informational. For questions regarding probate and to validate information received herein, please contact a local attorney.

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