Probate.
Probate is the legal process by which certain types of assets are distributed from the deceased estate. It is also used to pay legal debts of the deceased so that the deceased’s assets may be transferred to legal heirs.
Probate Process
It must be determined if the deceased had a written and properly witnessed will at the time of their death. If so, that properly witnessed written will is presented to the Probate Court. If the Probate Court accepts the will as being the Last Will and Testament of the deceased the Probate Court will appoint an Executor as named in the will to administer the terms of the will.
If the Court does not accept the written document as the Last Will and Testament of the deceased or if there is no written will the Court will appoint an administrator to distribute the estate in accordance with the Kentucky intestacy statutes. The appointed administrator will need to post a bond to insure performance of their duties.
There are many statutes that apply to the probate process. If the statutes are not followed, fines and penalties may be levied against the executor or administrator. We can get you through the process as quickly as the law allows and help you avoid the anger, expense and confusion that can result from a misstep in the process.
How We Can Help
Our firm works with the executor or administrator through the complicated probate process. We prepare necessary legal documents, including the petition to open the estate, motions to probate the last will and testament, inventory of the estate, tax returns, and motion to close the estate. We litigate any motions to contest the acceptance of the last will and testament, defend any unlawful or inappropriate claims against the estate, and assist in securing necessary bonds. Whether the deceased had a valid will or the estate must be distributed intestate we will help you equitably disburse the estate property.