The Kentucky probate courts oversee the administration of estates. When people who lived in Kentucky die, the probate courts in the county where they resided generally oversee their probate cases.
The probate process often begins with the submission of a will to the courts, provided that the testator left an estate plan. The personal representative selected by the deceased individual or family members of the decedent can locate and submit the will to the courts to help guide probate proceedings.
How long do interested parties have to locate and submit a will in Kentucky?
Administration must begin within 10 years
Some states have relatively strict turnaround times for the submission of a will after a person dies. Kentucky has a surprisingly lenient approach to will submission to the probate courts.
Families and other interested parties have up to 10 years after the date a person passes to locate a will and submit it to the courts to begin probate proceedings. Significant delays can prove frustrating for beneficiaries or heirs, who may not be able to assume control over inherited property for an extended period after a person’s passing.
Delays in probate proceedings can also potentially diminish the value of an estate, as resources, such as a primary residence sitting vacant, can lose value. Additionally, debts may accrue interest between when the individual passes and when the courts actually hear the probate case, allowing for the fulfillment of their financial obligations.
Reviewing estate planning documents with a probate attorney can help interested parties determine the optimal time to begin the probate process. Waiting multiple years is an option in some cases, but many families prefer to handle – and can potentially benefit from managing –probate sooner rather than later.