Disclaimer: This article is for educational purposes only and is not legal advice.
Detailed Answer
1. Identify the Proper Court and Venue
In Kentucky, probate proceedings occur in the county clerk’s office where the decedent was domiciled at the time of death. Under KRS 396.020, the clerk must receive, prove, and record all wills presented for probate in that county.
2. Secure the Original Will
Locate and preserve the original document. Courts require the original to establish authenticity. If the original is missing, see step 6.
3. File a Petition to Probate the Will
Prepare a petition asking the court to admit the will to probate and appoint an executor. Kentucky law does not impose a strict deadline for filing, but you should file promptly to protect estate rights and avoid disputes. See KRS 396.040 for time extensions.
4. Give Notice to Heirs and Interested Parties
After filing, you must notify heirs at law, beneficiaries, and creditors. Kentucky requires notice by mail or publication. This step ensures all parties can participate or object if they dispute the will’s validity.
5. Prove the Will’s Validity
Kentucky law requires that a will be in writing, signed by the testator, and attested by two witnesses who sign in the testator’s presence. See KRS 394.020. At probate, witnesses may testify under oath to confirm these elements. If witnesses are unavailable, secondary evidence or a court order may suffice.
6. Handling Lost or Damaged Wills
If the original will is lost, destroyed, or damaged, Kentucky allows probate of a copy. Under KRS 396.180, you must prove:
- The testator executed the will.
- The copy is accurate.
- The original was not revoked.
- The loss or destruction was not due to the testator’s intent to revoke.
7. Post-Probate Steps
Once admitted, the clerk issues letters testamentary to the executor. The executor inventories assets, pays debts and taxes, and distributes assets per the will’s terms. Keep detailed records to avoid personal liability.
8. Contesting the Will
Interested parties may contest the probate based on lack of capacity, undue influence, forgery, or improper execution. Objections must be filed with the clerk within the time prescribed after notice. Kentucky’s courts resolve these disputes under general circuit court procedures.
Helpful Hints
- Act promptly to protect estate assets and meet notice deadlines.
- Maintain a clear chain of custody for the original will.
- Locate witness affidavits early, especially if witnesses are elderly.
- Gather supporting documents: death certificate, marriage records, and any codicils.
- Consider consulting a probate attorney to navigate complex disputes or unclear title issues.