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If you have a larger estate, you can avoid a long and expensive probate process by using a technique of asset transfer called a Living Trust. A document called a ?trust document?, which is similar to a Will, is created which names a person who will control the trust.
In Kentucky, real estate can be transferred via a TOD deed, also known as a beneficiary deed. This deed permits a property owner to designate a beneficiary who will automatically inherit the property upon the owner's death, avoiding probate.
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.
Download Kentucky's Form AOC-830. Locate the decedent's will and collect information regarding the estate's debts and assets. Fill out Form AOC-830. Get the form notarized ? if there are multiple surviving children who are filing, they must all swear and sign the petition before a notary.
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.
If they explicitly grant the executor the power to sell property, they can proceed with the sale without obtaining unanimous approval from all beneficiaries. The executor's authority in this regard is usually outlined in the will and can include some limitations.
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.