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.

Not all estates are alike and thus can create different responsibilities for an Executor or Administrator. Once the Executor or Administrator has been appointed by the Probate Court, here are a few examples of some of the main responsibilities they can expect: determine if there are any assets in the deceased’s sole name that need [...]

No, it is always your option to serve or decline. Even if you agree to serve you can resign later. If you decline to serve (or accept and resign later) any alternate named in the Last Will and Testament will then be appointed by the Probate Court. If no alternate representative is named in the [...]

Yes, under statute you are entitled to compensation of 5% of the gross personal property of the estate (this does not include real estate). For more information on probate.

An Executor or Administrator who is derelict in his or her fiduciary duty would be removed by the Probate Court from that position. In addition, if any dereliction or improper behavior causes an undue financial hardship to the estate, the Executor or Administrator may be personally liable for monetary damages caused to the estate.

To do so, one must have grounds as provided for by statute to contest same. Examples would be: the Last Will and Testament was fraudulently executed and/or the deceased was under duress, undue influence or incompetent at the time of the execution of the Last Will and Testament. If you are a spouse or child [...]

Unless you are able to locate the Last Will and Testament yourself, then you will not know if there is a Last Will and Testament until one is presented to the Probate Court by another individual. The Last Will and Testament will be filed in the Kentucky County where the deceased resided at the time [...]

One approach to eliminate the need for probate is through the use of a properly funded Revocable Living Trust that holds legal title to your assets at the time of your death. The Trust is a legal entity which survives you after your death.

Creditors are put on notice through local publication as part of the probate process. Once the estate has appointed the Executor or Administrator, the creditors then have six months to file any claims against the estate. If the claim is approved by the Executor or Administrator, the bill will be paid by the estate, [...]