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The difference is that a living trust is also an entity that holds the property while the owner (also call the settlor in Kentucky) is alive. The primary aim of a living trust is to avoid probate, a court process that can take months and even years. The trustee, then, is the person who manages the trust.
To create a valid living trust, you must sign the trust document. In most places, a living trust document, unlike a will, does not need to be signed in front of witnesses.
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.
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.
A legal document (which may be a deed or other instrument) that creates a trust. The trust document appoints the trustees and states the terms of the trust, including who the beneficiaries are and the trust property that will be subject to the trust.
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.
In Kentucky, an estate must remain open for at least six months to allow time for creditors to submit their bills to the estate. Thus, a simple estate can be settled in as short a time as six months.
Kentucky law provides that any person who serves as executor has the right to request a fee for their services. In general , an executor's fee may not exceed five percent of the value of an estate, plus five percent of the income collected by the executor.
Probate must stay open for at least six months as stated in the Kentucky Revised Statutes 395.190. However, it can often take much longer, especially if there any disputes or other delays. Don't be surprised if it takes more than a year, especially if the estate is complicated.
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.