Get KY AOC-846 2000-2024

But for estates in Kentucky that exceed the small estate's threshold, and for which there is either no Will, or a Will (but not a Living Trust), probate will be required before an estate can be tranferred to the decedent's heirs or beneficiaries. ... The Will must be filed in the county where the decedent lived.

In Kentucky, you can make a living trust to avoid probate for virtually any asset you own -- real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

As a rule, you can expect probate to take anywhere from six months to a year in most average cases. Simple probate matters can sometimes be handled more rapidly, while complex estates can take years.

Transfer on Death Deeds in Kentucky A transfer on death deed, or a TOD Deed, allows for individuals to pass real property to a beneficiary upon their death. ... With a TOD Deed, however, the beneficiary has no ownership interest until the original owner dies.

If the property is located outside of the state of Kentucky, you do not have to pay Kentucky inheritance tax on it. ... The tax rate is from 4 to 16 percent. Class C beneficiaries are entitled to a $500 exemption, with a tax rate from 6 to 16 percent.

Initiating the probate process The first step in the Kentucky probate process is to locate the decedent's original will. The second step is to file a petition asking the District Court judge to admit the will to probate and to appoint an executor to administer and settle the decedent's estate.

But for estates in Kentucky that exceed the small estate's threshold, and for which there is either no Will, or a Will (but not a Living Trust), probate will be required before an estate can be tranferred to the decedent's heirs or beneficiaries. ... The Will must be filed in the county where the decedent lived.

Estate's Affairs The final settlement with the probate clerk may be filed any time after six months following the date of appointment as executor and must be filed at least two years following appointment.

In Kentucky, a probate estate must be opened within 10 years of the decedent's death. To open the estate, the person planning to manage the estate files the will in the probate court, along with a petition that asks the court to begin probate and confirm the managing person's position as executor.

In Kentucky, if you die without a will, your spouse will inherit property from you under a law called dower and curtesy. Usually, this means that your spouse inherits 1/2 of your intestate property. The rest of your property passes to your descendants, parents, or siblings.

In Kentucky, if you die without a will, your spouse will inherit property from you under a law called dower and curtesy. Usually, this means that your spouse inherits 1/2 of your intestate property. ... If you don't have descendants, parents, or siblings, then your spouse inherits everything.

When someone dies without a will, state laws -- the so-called "laws of intestate succession" -- determine who inherits the estate. If the deceased left a surviving spouse or children, these people are considered "next of kin" and generally inherit the entire estate.

If you die without a will, it means you have died "intestate." When this happens, the intestacy laws of the state where you reside will determine how your property is distributed upon your death. This includes any bank accounts, securities, real estate, and other assets you own at the time of death.

As a rule, you can expect probate to take anywhere from six months to a year in most average cases. Simple probate matters can sometimes be handled more rapidly, while complex estates can take years.

Download and print Form 805 from the official website of the Kentucky Court of Justice (see Resources). ... List all of the deceased person's real estate. ... List all of the deceased person's personal property. ... Fill out the form in full. ... Have each heir sign the "Wavier" section at the bottom of the petition.