Wills Kentucky Probate Attorneys Executors

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Former Kentucky Assistant County Attorney

Will Probate is a process.  As soon as a person dies someone the Executors are required to pay the debts that remain.  After the debts are paid the Executors must distribute the assets that are left over to the heirs.  All of this can be a simple process for the Executor or it can be a nightmare.  There are simple forms for the Executors in our manual that can streamline this into a simple process  if you are the Executor for a will in Kentucky.  An Executor  works with the attorney to gather the assets and to pay the debts of the estate.  If the attorney for the estate had to do everything while he charged 200 or 300 an hour there would be little left of some estates.  It is far better for a family member to be the Executor or personal representative and do the everyday tasks of handling the burial to limit  the attorney's work to filing the tax returns, the accounting and the court documents. 

    When a persons dies the Executor should check with the deceased persons attorney and with the county clerk where a will may be filed.  After this the Executor should check with his bank for any lock box which may have a will in it.  If there is a will, the Executor must file it with the Court and probate the will.  If there is not a will then the person has died intestate and the court will divide the assets among the surviving heirs.

If the deceased has only a few minor assets Executors may be able to avoid probate by filing form aoc79-830 (for Executors that paid the funeral expenses and have assets left) or 79-835(for a surviving spouse Executor) with the Court.  These forms allow you to avoid probate in the case of very small estates.  If the assets are above these amounts you will have to file the will with the court with form 81-805 and 840.  

Within six months after the will or probate case was filed executors must file an inventory and an accounting.  At that time Executors may pay debts and distribute assets.  Claims against the estate must be made within one year of filing.  No claims may be made more than 3 years after death.  There is no statutory duty of the Executor to notify creditors within the limits of Kentucky Statute 396.025.  However, the Court Clerk is required to publish in the local newspaper the requirements of Kentucky Statute 424.120. Under Kentucky Statute 396.010 any claim filed by a creditor for payment must be a notarized verification.  

This is an advertisement for the Kentucky Trusts and Wills Manual.  This is not legal advice.  Only an attorney should advise you about your individual legal problems.  It is for informational purposes only. You can download the Wills and Trusts Manual for free . 

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