After your loved one passes away, their estate will go through a process called probate. Here the Personal Representative carries out the distribution of the estate according to the Will. Or, if there is no Will, an administrator will be appointed to the estate and it will be distributed according to state law.
The attorneys of Bluegrass Elderlaw PLLC are very experienced in estate probate and can guide you through the process as quickly and affordably as possible.
While every estate probate is different, most involve the following steps:
- Filing a petition with the proper probate court.
- Notice to heirs under the Will or to statutory heirs (if no Will exists).
- Petition to appoint Executor (in the case of a Will) or Administrator for the estate.
- Inventory and appraisal of estate assets by Executor/Administrator.
- Payment of estate debt to rightful creditors.
- Sale of estate assets.
- Payment of estate taxes, if applicable.
- Final distribution of assets to heirs.
If no one contests the Will and if there is no other litigation involved, most estates are typically settled through probate within 9 to 18 months. The Personal Representative must fulfill their duties with the greatest care and integrity. We highly recommend that a Personal Representative retain an attorney and possibly an accountant to advise and assist with the duties of the Executor.
If you are facing probate proceedings and want more information, contact us.