Need help understanding probate

[websterk83]

Kentucky

Hello all, I am new to this forum, and I'm just looking for one simple answer, is probate court required? I have friends and family coming to me and telling me that I have to go to probate court over my father's will, but after doing some research online, other sites are telling me I don't have to. My father passed away two weeks ago and left a will. I am the executor of his estate, and everything was left to me. No one in my family is contesting that fact, my father was the kind of person that always did things with a purpose. So that is my legal question, in the state of Kentucky, after my father passed, do I have to go before the probate court? Or am I free to handle things privately?

 

[Zigner]

Kentucky

Hello all, I am new to this forum, and I'm just looking for one simple answer, is probate court required? I have friends and family coming to me and telling me that I have to go to probate court over my father's will, but after doing some research online, other sites are telling me I don't have to. My father passed away two weeks ago and left a will. I am the executor of his estate, and everything was left to me. No one in my family is contesting that fact, my father was the kind of person that always did things with a purpose. So that is my legal question, in the state of Kentucky, after my father passed, do I have to go before the probate court? Or am I free to handle things privately?

The answer is that it depends on various things.
You may wish to review the following information to help you determine if probate is required for your father's estate: https://kycourts.gov/resources/publicationsresources/Publications/P88ProbateGuideforProSeLitigants609.pdf

 

[zddoodah]

I'm just looking for one simple answer, is probate court required?

No. Any state is free to do away with probate courts.

I assume, however, that your intent was to ask whether probate is necessary in a particular case. If that's the case, then the answer depends on the relevant facts. A quick and cursory Google search ("when is probate required in kentucky") indicates that probate is not required where the estate value (net of prior claims such as funeral/burial costs and taxes) is $15k or less. What's the value you of your father's estate?

I have friends and family coming to me and telling me that I have to go to probate court over my father's will

Because...??? Also, are any of these folks attorneys or do they otherwise have any expertise in Kentucky estate law?

but after doing some research online, other sites are telling me I don't have to.

That can't be true. No website is telling you information specific to your father's estate. What I assume you meant is that, based on online research you did, you came to the conclusion that probate isn't required. Right? If so, what is it that led you to that conclusion?

I am the executor of his estate

No. You're nominated in the will to serve as executor. That's not the same thing as actually being the executor, which is something you cannot be unless the probate court appoints you as such.

am I free to handle things privately?

That depends on what there is that needs to be handled.

 

[t74]

I am sorry for your loss.

Consulting an attorney may be worthwhile if you still have questions after reading the guide above and the many other resources on the internet.. That does not mean that you are engaging him/her to do the entire probate process. The problems arise when there is real estate involved. Failing to do things correctly can affect future owners of the property years down the road (found out the hard way when we went to refinance a property)

Actually, there are many things you need to worry about before probating the will. Search for the many articles on "What to do when someone dies"; filing the will with the court if required is only one of a long list. There are many financial issues you will need to handle before worrying about distribution the estate even though you are the only beneficiary. I personally found I needed the assistance of a CPA more than an attorney but it all depends on how the estate was setup.

There are a lot of good online resources to guide you through the process. There is no hurry. Just do not dispose of assets of the estate until you are sure all bills are paid. Expect the entire process to take a year or more to get everything done.

I will add that several of the posters on this forum are extremely knowledgeable and helpful.

 

[Litigator22]

Kentucky

Hello all, I am new to this forum, and I'm just looking for one simple answer, is probate court required? I have friends and family coming to me and telling me that I have to go to probate court over my father's will, but after doing some research online, other sites are telling me I don't have to. My father passed away two weeks ago and left a will. I am the executor of his estate (?0 and everything was left to me. No one in my family is contesting that fact, my father was the kind of person that always did things with a purpose. So that is my legal question, in the state of Kentucky, after my father passed, do I have to go before the probate court? Or am I free to handle things privately?

Excuse me please, but you are NOT the executor of your late father's estate!

You cannot assume the powers conferred by that office until your father's will has been formerly submitted and admitted to probate and you have been duly appointed as personal representative of the his estate by the appropriate court. In the meantime heed this:

"The person named in a will as executor shall not act as executor to any extent until the will or an authenticated copy of the will is admitted to record, and he has executed bond and taken oath in the court in which the record is made. He may, however, provide for the burial of the testator, pay the reasonable funeral expenses, and take care of and preserve the estate." (See: Kentucky Revised Statutes (KRS) Section RS 395.020 Executor not to act until will probated -- Exception. )

Likely it will go against your tuition (as it is with many) but the fact is that the right to receive by legal descent - by will or intestate succession- is not an inherent or ingrained right! In other words the right of heirs to inherit is not inherent. It is a privilege and moreover a conditional privileged granted by the state. (A principal of jurisprudence carried over from early English law wherein the right to inherit was said to be one bestowed by the King (or crowned head.) Hence, giving meaning to the word "escheat"!)

Anyway, I strongly urge that you consult with an attorney in your community familiar with Kentucky probate and estate laws. In the meantime do not begin to treat estate assets as if they were yours. They aren't!

 

[LdiJ]

Kentucky

Hello all, I am new to this forum, and I'm just looking for one simple answer, is probate court required? I have friends and family coming to me and telling me that I have to go to probate court over my father's will, but after doing some research online, other sites are telling me I don't have to. My father passed away two weeks ago and left a will. I am the executor of his estate, and everything was left to me. No one in my family is contesting that fact, my father was the kind of person that always did things with a purpose. So that is my legal question, in the state of Kentucky, after my father passed, do I have to go before the probate court? Or am I free to handle things privately?

It depends mostly on how things passed to you. Anything that had your name on it, or had you named as a beneficiary pass to you outside of probate and you are free to do as you like with those things.

Anything that does not have your name on it or does not name you as the beneficiary has to go through probate to get your name on it. So, for example, if dad owned a house, unless he put your name on the deed before he died, you will need to go through probate to get the house in your name.

You can generally handle his personal possessions, unless he had items of very significant value, however you like. KY does have a small estate, simplified process for smaller estates. Google "Does KY have a small estate process?" and you will be able to read up on that and see if it applies to your father's estate.

 

[Zigner]

You can generally handle his personal possessions, unless he had items of very significant value, however you like. KY does have a small estate, simplified process for smaller estates. Google "Does KY have a small estate process?" and you will be able to read up on that and see if it applies to your father's estate.
Or, the OP could simply download the pamphlet that the KY courts put out - I posted the link in post #2