Disclaimer: This article is for general informational purposes only and does not constitute legal advice.
Detailed Answer
Under Kentucky law, a personal representative or fiduciary must file a final accounting in the probate court to close an estate. Although statutes set default deadlines, the court may grant an extension for good cause. In Kentucky, see KRS 395.050 for rules on annual and final accounts.
Follow these steps to request extra time:
- Review statutory deadlines. Under KRS 395.050, you must typically file a final account within one year of appointment. Local court rules may set shorter deadlines.
- Prepare a written motion. Draft a Motion for Extension of Time to File Final Accounting. Include:
- Case caption and docket number.
- Fiduciary’s name and appointment date.
- Current filing deadline and requested new deadline.
- Detailed reasons (e.g., delayed asset valuation, creditor negotiations, unexpected legal issues).
- Serve interested parties. Mail or hand-deliver the motion to all heirs, beneficiaries, and creditors at least seven days before the hearing, unless the court orders otherwise.
- File the motion with the clerk. Submit the original motion and proof of service to the probate clerk’s office. Pay any required filing fee or request a waiver if funds are low.
- Attend the hearing. The court will schedule a hearing date. Arrive with any supporting documents (e.g., appraisal reports, correspondence with creditors) to demonstrate good cause.
- Obtain and follow the court’s order. If the judge grants your request, you’ll receive an order with a new deadline. File your final accounting by that date to avoid potential removal or surcharge under KRS 395.050.
Helpful Hints
- Begin preparing your accounting early to spot potential delays.
- Check local probate court rules for specific form requirements and hearing procedures.
- Keep clear records of all communications, appraisals, and bills related to the estate.
- Serve all interested parties promptly to avoid objections based on notice defects.
- Consider consulting a probate attorney if you anticipate complex issues or creditor disputes.