Estate Administration and Advocacy in Boone County, Kentucky may involve the probate process. Probate of a decedent’s estate is typically required when the total value of the decedent’s personal property exceeds $30,000 if there is a surviving wife or child or, if there is no surviving wife or child, when the decedent leaves personal property of any value. These rules apply whether or not the decedent died with a last will and testament, which is referred to as dying testate. On the other hand, dying without a last will and testament is referred to as dying intestate.
The Probate Process
Whether a person died testate or intestate, the probate process and administration of the decedent’s estate generally progresses through several stages as follows:
- Filing of the petition for probate of the decedent’s last will and testament (if applicable) and appointment of the fiduciary (referred to as an “executor” when the decedent appoints the fiduciary in his or her will or as an “administrator” when the decedent dies intestate)
- Probate of the will (if applicable) and appointment of the executor or administrator, as applicable, by the court
- Filing of the inventory of the estate’s assets with the court within 60 days of appointment
- Presentation of claims by creditors within six months of appointment
- Filing of a periodic settlement at the second anniversary of appointment or filing of a final settlement if the estate can be closed before that.
Are you the Executor or Trustee?
If you have been named as executor in a decedent’s will or if you are seeking to be appointed as administrator of an estate, Holt Law can assist you with the probate process and administration of the estate regardless of the complexity of the matter.
Likewise, if you have been appointed as trustee of a trust, Holt Law can help you administer the trust, fulfill your fiduciary duties, and otherwise comply with the requirements of the law.
Are you an Heir or Beneficiary?
In addition to representing executors, administrators, and trustees, Holt Law provides legal services to heirs and beneficiaries of estates and trusts. Sometimes, at issue is the capacity of the individual who made the will or trust, or the individual who made the will or trust was subjected to undue influence in the making of the instruments. In these instances, it may be appropriate to contest the will or trust, which Holt Law can handle on your behalf.
Even if the validity of a will or trust is not at issue, the heirs or beneficiaries of an estate or trust many times need legal representation to ensure that their interest in the estate or trust is adequately protected.
Estate Administration and Advocacy in Boone County
Holt Law offers legal assistance for estate administration and advocacy in Boone County, independent of your role in the matter.
Holt Law serves people throughout the Commonwealth of Kentucky, with an office in Lexington, near the center of the state.