KRS 514.045: Theft from a Decedent's Estate

What Is KRS 514.045?

KRS 514.045 criminalizes theft from a deceased person’s estate in Kentucky. The statute applies to those who improperly take property from estates. People in Lexington and Louisville face these charges in family disputes over inheritance and estate administration.

What the Statute Prohibits

It is unlawful to take property belonging to a decedent’s estate with intent to deprive the estate or its beneficiaries.

Penalties

Penalties typically follow general theft statute scale based on value
Class A misdemeanor for under $500
Class D felony for $1,000+
Higher classes for larger amounts

Common Cases

Family members taking items before estate is settled
Caregivers taking property of deceased patients
Executors misusing estate assets
Removing items from decedent’s home

Defenses Available

You had legal authority to take the property (executor, etc.)
Items were gifts before death
Items belonged to you personally
Lack of intent to deprive

Probate Court Issues

These cases often involve concurrent probate court proceedings. Clark + Harris handles both criminal and probate matters.

Call 859-474-0001 — 24/7.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

Related Resources

If this information applied to your situation, the following Clark + Harris guides may also be helpful:

KRS 514.045: Theft from a Decedent’s Estate