What is Probate Court, and how does it work?

Probate court is a specialized court that deals with the legal process of administering the estate of a deceased person. The primary function of probate court is to ensure that the deceased’s assets are distributed according to their wishes or state law.

 The probate process typically involves the following steps:

 1. Filing a petition with the probate court. The executor named in the will or an interested party, such as a family member, will file a petition with the probate court to open the probate process.

2. Validating the will. The court will determine if the will is valid and authentic. If the will is deemed invalid, or the deceased had no will, the court will follow state laws to determine how to distribute the assets. These laws are called “Intestate” laws and address to whom and in what percentage each heir receives the deceased’s assets.

3. Appointing an executor. The court will appoint an executor, if one is named in the will, or an administrative representative to manage the estate. The representative's duties include paying debts, taxes, and expenses and distributing the remaining assets according to the will or state intestacy law.

4. Notifying creditors and beneficiaries. Creditors will be notified, and the executor or administrator must find and notify beneficiaries of the probate estate. Creditors and beneficiaries are provided with an opportunity to file claims against the estate. In Kentucky, these proof of claims must be filed within six months of the appointment of the executor/administrator.

5. Managing the estate. The executor will manage the assets of the estate, which may include selling property or managing investments. The court requires periodic inventories of the estate assets before the estate is closed or settled.

6. Paying taxes and debts. The executor is also responsible for using estate assets to pay any outstanding taxes and debts the deceased owes.

 7. Distributing assets. Once all debts and taxes and any proof of claims from creditors have been paid, the executor/administrator will distribute the remaining assets to the beneficiaries named in the will or as determined by state intestacy law.

 The probate process can vary depending on state laws and the complexity of the estate. Each estate is unique in its own details. Probate can be a lengthy and costly process if not executed properly. Therefore, working with an experienced attorney is essential to navigate the probate process and ensure the deceased’s wishes are fulfilled.