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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.
There are a series of steps that a person will need to take in order to successfully file a challenge a will: Step 1 - Demonstrate that the challenger has the standing to contest the will. ... Step 2 - File the complaint. ... Step 3 - Submit a notice to the county clerk. ... Step 4 - Serve the complaint.
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.
Self-represented litigants are those who represent themselves in a legal action without the aid of an attorney. Just as with any other legal proceeding, individuals have the right to handle probate matters without an attorney.
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.
It involves proving the will is valid, identifying and inventorying the deceased person's property, having the property appraised, paying debts and taxes, and distributing the remaining property as the will directs. In Kentucky, the cost for probate can range from $4,500 to $6,950 or more.
You should first try talking to the executor about your concerns. If that doesn?t work, you may have to take legal action. To have an executor removed from an estate you need to be able to show that they are not living up to their responsibilities of their job or that they are doing something that isn?t legal.
Signature: The will must be signed by the testator or by another person under his direction and in his presence. Witnesses: If the will is not wholly written by the testator, two witnesses must sign the will in the presence of the testator after the testator signs or acknowledges the will in their presence.