Testate

Family on path

With a Last Will & Testament

In Kentucky, a testate probate proceeding takes place in the District Court located in the county where the deceased resided, wherein the Last Will and Testament is presented to the Court. The Last Will and Testament has no power or authority until it has been validated by the Probate Court. Once probate begins, the estate must remain open for a minimum of six months under Kentucky law before any distributions to heirs can take place. This period of time is required in order to allow anyone who may be a creditor to file a proof of claim against the estate. All assets in the deceased individual’s sole name will be part of the probate. 

Examples of some assets that are required to pass through probate are:

  • Real Estate
  • Bank Accounts (checking, savings, money market, certificates of deposit)
  • Investments (stocks, mutual funds, annuities)
  • Automobiles
  • Boats
  • RVs
  • Motorcycles
  • Retirement Accounts (401(k), 403(b), IRA, Roth IRA, SEP IRA)
  • Collections (artwork, coins, stamps and comic books)
  • Firearms
  • Furniture
  • Jewelry

We can assist in making the multiple steps and timelines that the Executor will face during the probate process easier. Some Last Will and Testaments incorporate a Trust referred to as a Trust Under Last Will and Testament. This may require additional steps or duties to be taken during the administration of the estate by the Executor.

If you have been named as the Executor of an estate for a deceased individual who resided in Kentucky, but you do not reside in Kentucky, you need to have a knowledgeable and experienced legal team who can make the process easy and convenient for you. Stone Legal Group, PLLC has vast experience working with out-of-state clients in probate matters, including court appearances, and has streamlined the process.

Couple discussing with someone

There are many steps required at the local, state and possibly federal level that must be completed timely in order to properly settle one’s estate and distribute the assets according to the deceased’s wishes in their Last Will and Testament. Unfortunately, at some point in your life you will probably deal with the death of a spouse, family member, significant other, or friend that may have an estate that will need to be administered. Stone Legal Group, PLLC’s goal is to make the probate administration process as stress free as possible, no matter what the circumstances.