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Probate Attorneys: Guiding Central Kentucky Families Through Estate Challenges

When you have properly prepared documents, the probate court process is relatively straightforward. However, when there are disputes or will contests, our experienced probate lawyers can provide guidance in these challenges.

At Moore Law Office, PLLC, our father-daughter team brings over 50 years of combined experience to your probate needs. Whether you’re an executor managing estate administration or a beneficiary understanding your rights, we can help.

The Probate Process

Probate is the legal process of validating a will, settling debts and distributing assets after someone passes away. It typically involves:

  • Filing the will with the court
  • Appointing an executor
  • Notifying creditors and beneficiaries
  • Inventorying and appraising assets
  • Paying debts and taxes
  • Distributing remaining assets to beneficiaries

Probate is typically necessary when:

  • The deceased owned assets solely in their name
  • There are no designated beneficiaries for certain assets
  • The will is contested
  • There are debts or taxes that need to be settled
  • The estate exceeds the small estate threshold

In Kentucky, probate can be complex, particularly for larger estates or those involving business assets. For instance, if the deceased owned a business, the probate process may involve additional steps such as business valuation and decisions about business continuation or sale.

Some Situations Where Individuals Skip The Probate Process

Not all estates require probate. In Kentucky, estates may avoid probate if:

  • Small estates (valued at $30,000 or less in Kentucky)
  • Assets are in a living trust
  • Property is jointly owned with the right of survivorship
  • Accounts have designated beneficiaries (e.g., life insurance, retirement accounts)

Certain assets with named beneficiaries or held in joint tenancy pass directly to the beneficiary or surviving owner without going through probate. Even if probate isn’t necessary, there may still be legal obligations such as paying taxes or notifying creditors.

As an executor or someone managing an estate, consult our probate attorneys to help you meet all legal requirements and avoid missing critical deadlines or obligations.

Duties Of Executors

Executors have several key responsibilities:

  • Locate and file the will with the probate court
  • Notify beneficiaries and creditors
  • Manage the deceased’s assets
  • Pay valid debts and taxes
  • Distribute remaining assets to beneficiaries
  • File final tax returns and close the estate

Executors bear the primary legal responsibilities in the probate process. Beneficiaries, as recipients of estate assets, generally have a passive role with no specific legal obligations. The executor or personal representative of the estate handles the legal duties and responsibilities.

Facing Contests Or Disputes? Our Probate Attorneys Have Trial Experience.

Will contests or disputes can complicate probate, often due to questions about the testator’s mental capacity or allegations of undue influence that challenge the will’s validity. Beneficiaries may also have disagreements over asset valuation and distribution.

Our probate lawyers at Moore Law Office, PLLC, are committed to resolving these complex issues and understand they sometimes intertwine with other legal matters like family and business law. For an evaluation of your case, wherever you are in Central Kentucky and Woodford County, contact our Versailles office by calling 859-873-6207 or completing our online form. We offer a family-centered approach to navigating these estate matters.