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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.
The Creditors' Claim Period The decedent's creditors have six months from the date of the Fiduciary's appointment to present their claims either to the court or to the Fiduciary (or the Fiduciary's lawyer). This means all probate estates must be open for at least this six-month notice period.
In Kentucky, if you die without a will, your spouse will inherit property from you under a law called "dower and curtesy." Usually, this means that your spouse inherits 1/2 of your intestate property. The rest of your property passes to your descendants, parents, or siblings.
The Living Trust 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.
Settling the Estate After paying the debts and any income and death taxes owed by the estate, and after distributing any remaining assets of the estate to the heirs, the personal representative must prepare and file a final settlement with the District Court using form AOC-846. KRS §§395.190, 395.510.
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.
A Final Account is a complete record detailing the assets, receipts, and disbursements made during a probate administration.
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.