What Is Probate?

Coping with the passing of a loved one can be an emotionally challenging experience. Having to deal with probate issues adds additional complexity and stress to the grieving process, as probate involves managing the deceased person’s estate. Although it can be particularly daunting to navigate the probate process in Kentucky, especially if you are unfamiliar with the state’s legal terminology and specific probate laws, educating yourself about this process can ultimately save you from encountering significant difficulties and complications in the future.

What Is Probate in Kentucky?

Probate, also referred to as estate administration, is the court-supervised process that involves identifying and gathering a deceased person’s assets, paying off any debts and taxes, and distributing the remaining assets to the rightful heirs and beneficiaries as outlined in the deceased person’s Last Will and Testament, or as determined by the state laws of intestacy if there is no Will. This process ensures that all legal and financial matters are resolved and that the deceased person’s estate is appropriately settled.

How Does the Probate Process Start?

The first step in the Kentucky probate process is to diligently search for the deceased’s original Will. Once the document is located, the next action is to file a petition in court to initiate the process and appoint an executor responsible for managing and settling the deceased’s estate.

If no Will is found, a similar petition is submitted, but this time, it seeks the appointment of an administrator to oversee the estate. It is important to note that individuals in these capacities are commonly known as “personal representatives” or “fiduciaries.”

Probate the Will

When a Will is probated, its validity is established and recorded with the County Clerk. There are three primary types of Wills: self-proving, non-self-proving, and holographic wills. 

Self-Proving Will

A self-proving Will contains specific language required by law, is signed by two witnesses, and has all signatures notarized. This type of Will “stands on its own,” meaning that no witnesses are required to appear in court to testify on the validity of the Will.

Non-Self-Proving Will

If the Will is not self-proving, it must be proven in court by at least one of the witnesses (preferably two) who signed the Will. 

A Holographic Will

A holographic Will is entirely handwritten by the deceased and does not have any witnesses. To establish its validity, two individuals must appear in court to testify that the Will is indeed written in the deceased’s own handwriting.

Administering the Estate

Upon being appointed by the court, the personal representative is entrusted with the responsibility of assuming control of the deceased individual’s assets, effectively managing them, ensuring their protection, and ultimately facilitating their distribution. The personal representative must file an Inventory with the Court within 60 days of their appointment. This Inventory must list all the assets and their respective values at the time of the decedent’s passing.

Issues That Can Make the Probate Process More Difficult

The probate process can vary in difficulty, and several factors can impact it, including:

• The nature and quantity of the deceased person’s assets
• The amount and nature of the deceased person’s debts 
• Whether the total debt exceeds the estate’s ability to fully pay it
• The potential assertion of other claims or challenges by parties with an interest in the estate 

To better understand the probate process and what issues can impact your case, consider contacting an experienced probate attorney who can help you through this ordeal.

Need Help with the Probate Process? Contact Hoffman Walker & Knauf Today

Hoffman Walker & Knauf are skilled in probate courts and estate planning. Our experienced legal team can assist you with transferring and liquidating estate assets and navigating the probate process’s complexities.

If you need more information about the probate process or want to discuss how our legal team can help you, contact Hoffman Walker & Knauf today.