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In Kentucky, unless the will states otherwise, executor compensation is determined as a percentage of the estate value, not to exceed 5%. Typically, the larger the estate, the smaller the percentage.
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.
Just as with any other legal proceeding, individuals have the right to handle probate matters without an attorney. However, please remember that self-represented litigants are required to act in ance with the Kentucky Revised Statutes and any local court rules.
Survivorship property and property payable on death passes to the surviving co-owner shown on the deed or instrument, unless a disclaimer was filed, and not by the terms of the will or by the laws of intestate succession.
Basic Requirements for Serving as a Kentucky Executor Your executor must be: at least 18 years old, unless your will specifically names a younger person executor, and. of sound mind -- that is, not judged incapacitated by a court.
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.
Settling the Estate The settlement may not be filed until at least six months from the date the personal representative was appointed. KRS §395.190. If settling the estate takes more than two years, a periodic settlement may be required.
(1) The claimant may deliver or mail to the personal representative a written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed, or may file a written statement of the claim, in the form prescribed by rule, with the clerk of the court.