Sometimes disputes between creditors and debtors arise over late payments, the amount due, or a variety of other issues. Many times, these matters can be resolved with minimal difficulty. However, it is sometimes necessary to seek legal help to sue or to defend against a suit. When that happens, this list will help you collect important documents to show your attorney.
Kentucky Checklist - Documents to Bring to Your Attorney
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The first step is to locate the deceased person's original will. The second step is to file a petition, using form AOC-805, which asks the District Court judge to admit the will to probate and to appoint an execu- tor to administer and settle the decedent's estate. KRS §§394.140, 394.145.
The estate has a low value If a person dies with an estate worth $15,000 or less, and the only people inheriting from the estate are a spouse and/or children, the court can dispense with administration.
In Kentucky you can write a will in your own handwriting. This type of will is known as a holographic will.
If the estate is $30,000 or less, and there is no real estate, then either the surviving spouse, surviving child or a preferred creditor may file a petition to dispense with administration of probate.
No, in Kentucky, you do not need to notarize your will to make it legal. However, Kentucky allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.
Generally, any assets held in an individual's name only are subject to probate. Simply having a will does not control whether an estate must be administered through the probate courts. The amount of assets a person has and how they are titled determine whether probate is required.
Is Probate Necessary? 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.
The wrong witnesses can make a will invalid and change the amount received by beneficiaries. Can You Write Your Own Will? In Kentucky you can write a will in your own handwriting. This type of will is known as a holographic will.
Probate for Estates with Assets Under $30,000 This type of Probate Court is often called ?Small Estate Administration.? In Kentucky it is known as a Petition to Dispense with Administration.
In addition, Kentucky used to require the signatures of two disinterested witnesses, but this requirement was removed in 2018. However, if conflict regarding the execution of a power of attorney is anticipated, it is advisable to have the documents witnessed to further strengthen its validity in the eyes of the court.
