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Settling the Estate After paying the debts and any income and death taxes owed by the estate, and after distributing any remaining assets of the estate to the heirs, the personal representative must prepare and file a final settlement with the District Court using form AOC-846. KRS §§395.190, 395.510.
Depending on the size and complexity of your estate, your probate case can last months to over a year. The Kentucky Revised Statute 395.190 requires all probates to stay open for at least six months.
As noted in the Kentucky Revised Statute 395.010, you must file for probate within 10 years of the individual's death. However, filing as soon as possible after the person's death will allow you to complete the probate process promptly.
Probate is not always necessary, but it may be desirable to prevent problems and fraud. In Kentucky, estates with greater than $30,000 in probate assets are typically subject to probate and must be administered through the probate courts.
Without a Will Normally an heir to the estate under intestate succession law would ask the Probate Court to be appointed as the Administrator. Once probate begins, the estate must remain open for a minimum of six months under Kentucky law before any distributions to heirs can take place.
In Kentucky you can write a will in your own handwriting. This type of will is known as a holographic will. If you make this kind of will, the entire will needs to be handwritten by you. It must be signed and dated by you as well.
If you are married, childless, and your parents are living, your spouse gets one-half of your property and your parents get the other half. If you are unmarried and have no children, your parents inherit everything.
Class B: If you were the decedent's aunt, uncle, niece, nephew, daughter-in-law, son-in-law, or great-grandchild, your first $1,000 of inheritance is exempt from inheritance tax. Then you will pay rates ranging from 4% on inheritances worth up to $10,000 and 16% on anything worth $200,000 or more.