Kentucky Petition For Order Requiring Production of Will
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How to fill out Petition For Order Requiring Production Of Will?
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FAQ
You must sign your will in the presence of two witnesses, and your witnesses must also sign the will. You do not need an attorney to make the will for you, however, an attorney can verify that your will is in fact valid, so that any potential dispute over your will regarding its legal validity will stand up in court.
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.
(1) Every will or authenticated copy admitted to record by any court shall be recorded by the county clerk, and remain in his office, except during such time as it may be carried to another court under subpoena duces tecum.
Fraudulent Will A forged signature is grounds for contesting a will in Kentucky. If someone gets the testator to sign a will when the testator believes they are signing another type of document, this is also considered fraudulent.
Wills must be admitted for probate in the District Court of the County and an order issued probating the will by the District Court Judge. Once the will is probated it must be recorded in the County Clerk's office along with the order appointing administrator or executor of the estate.
Kentucky has a lenient time requirement for probate. ing to the Kentucky Revised Statutes 395.010, it must be completed within 10 years after the person's death. However, it is better to file soon after the person's death and to complete the probate process as quickly as possible.
If you want to prepare a type-written will at home, you can still do that without an attorney. But a type-written will must have the signature of two witnesses and signed by the testator in the proper place. Using only a Notary Public to witness it does not make it valid.
The purpose of petition to dispense is to enable the surviving spouse or child to be able to obtain their exempt share with a much lower cost and less delay than a full probate proceeding.