Stone Legal Group has been helping navigate clients through the difficulties of the Kentucky probate process since 1984. Probate, also called estate administration, is the legal process for administering a decedent’s estate. In Kentucky a probate proceeding takes place in the District Court located in the county where the deceased resided.
Generally, most estates will need to go through probate, unless the assets comprising the estate are held in a trust or the asset passed by a beneficiary designation. Kentucky does allow for a simplified process for smaller estates if the assets have a value of $30,000 or less and does not include real property.
During the probate process, the personal representative (known as either the Executor or Administrator) will ensure the estate assets are managed and protected, any estate debts paid, and ensure distribution to the heirs are made either by honoring the wishes of Last Will and Testament or if there is no Last Will and Testament the distribution scheme set forth under intestate succession as provided for by the Kentucky Revised Statutes.
Additionally, the Probate Court ensures the personal representative complies with the statutory guidelines/requirements and the stipulations of the Last Will and Testament, if applicable. In today’s modern world, we can assist you in opening a probate for a loved one who resided in Kentucky no matter where you live.
Testate Probate is the legal process for proving a Last Will and Testament (valid or invalid), appointing an Executor, collecting the assets, paying the lawful debts, and distributing estate assets in accordance with the Last Will and Testament.
Intestate Probate (without a Last Will and Testament) is the legal process for appointing an Administrator, collecting the assets, paying the lawful debts, and distributing estate assets in accordance with Kentucky’s intestate succession laws.
If the estate is $30,000 or less, and there is no real estate, then either the surviving spouse, surviving child or a preferred creditor may file a petition to dispense with administration of probate.