Kentucky Objection to Allowed Claim in Accounting

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Multi-State
Control #:
US-02653BG
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Description

Any interested party in an estate of a decedent generally has the right to make objections to the accounting of the executor, the compensation paid or
proposed to be paid, or the proposed distribution of assets. Such objections must be filed within within a certain period of time from the date of service of the Petition for approval of the accounting.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The Creditors' Claim Period The decedent's creditors have six months from the date of the Fiduciary's appointment to present their claims either to the court or to the Fiduciary (or the Fiduciary's lawyer). This means all probate estates must be open for at least this six-month notice period.

If you die as a resident of Kentucky without a Last Will and Testament, your assets will go to your closest relatives under Kentucky's intestate succession laws.

Prevailing Party Attorneys' Fees Clauses. In Kentucky, attorneys' fees are not recoverable as a cost or damage in the absence of a statute or an express contractual provision.

The creditor's filing of a proof of claim constitutes prima facie evidence of the amount and validity of the claim. The burden then shifts to the debtor to object to the claim. The debtor must introduce evidence to rebut the claim's presumptive validity.

There is no statute of repose in Kentucky.

All creditors that wish to be paid from the estate are required to file a claims against the estate within 180 days (6 months) from the date the personal representative is appointed. Valid debts can be paid after the six months are up.

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.

Children in Kentucky Inheritance Law Intestate Succession: Spouses & Children? If spouse and siblings, but no children and parents? 1/2 of personal property to spouse ? 1/2 of real property to spouse ? Balance split evenly among siblings? If children, but no spouse? Entire estate to children4 more rows ?

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Kentucky Objection to Allowed Claim in Accounting