Once the probate process begins with the Probate Court and the Executor or Administrator has been appointed, the estate must remain open for a minimum of six months as required by statute in order to allow anyone who may be a creditor to file a proof of claim against the estate. No distributions can [...]

The cost of Probate varies from estate to estate depending on many factors that may arise during the probate process. Cost may include, but not are not limited to, attorney’s fees, court cost, appraisal fees, tax preparers, and other types of necessary professionals that may be required in specific estates. For more information on [...]

If the estate is $30,000 or less, and there is no real estate, then either the surviving spouse, surviving child(ren) or a preferred creditor may file a Petition to Dispense with Administration of probate, which bypasses the mandatory six month statutory requirement of a regular probate.

Yes. However, probate is a heavy statutorily regulated proceeding. One minor omission, one failure to properly notify all heirs, or a missed deadline, can cause you to appear before the Judge and may expose you to possible liability issues. For more information on probate.

A probate proceeding takes place in the District Court located in the County where the deceased resided at the time of death. Additionally, an ancillary probate will have to be opened in every state in which real estate is owned and runs concurrent with the initiating Kentucky probate. Every state has different rules on [...]

If there is a Last Will and Testament, the “Executor” named in the Last Will and Testament will be appointed by the Probate Court and be responsible for the fiduciary duties in the probate process. If there is no Last Will and Testament, an “Administrator” is appointed by the Probate Court and they will [...]

Yes, by either being named as Co-Executors in the Last Will and Testament, or the Court appointing Co-Administrators if there was no Last Will and Testament.

No. If you have been named as the Executor of an estate in the Last Will and Testament, or you will be appointed as the Administrator by the Probate Court if there is no Last Will and Testament, it is not necessary for you to reside in Kentucky.  We work with numerous individuals who do [...]

No. The probate will occur in the state where the deceased resided at the time of their death.