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The Probate Process
Your legacy is about more than just assets—it’s about the care, stability, and impact you leave behind for your loved ones. Probate is part of ensuring your family is supported, even when you’re not there to manage the details. It’s the process of honoring your wishes, settling your affairs, and passing on the fruits of your work to the next generation. With thoughtful planning, probate can be straightforward, giving your family clarity and peace of mind during a difficult time.
Business Planning
Your legacy includes the work you do and how it supports your family, for many generations to come. You are not in business simply for the money, but for the impact you are leaving in the world. With our LIFT (legal, insurance, financial, and tax) planning model, we help you do things the right way and know that your family and your business are taken care of, without you being the one who has to do it all.
What is Probate?
Kentucky has specific laws in place to determine what is required to probate an estate. Probate includes locating and determining the value of the person's assets, paying their final bills and taxes, and distributing the remainder of the estate to their rightful beneficiaries.
Probate is the court-supervised process of authenticating a last will and testament if the deceased made one. Most states have laws in place that require anyone who is in possession of the deceased's will to file it with the probate court as soon as is reasonably possible. An application or petition to open probate of the estate is usually done at the same time. It may also be necessary to file the death certificate along with the will and petition.
There are also as laws for "intestate succession," when someone dies without a will. In cases where there is no will, probate is still required to pay the decedent's final bills and distribute their estate.
We help:
Executors or Administrators of an estate
Heirs and beneficiaries
Individuals without a will in place
Property owners with complex assets
Those seeking to avoid probate in the future
The Probate Process
The probate process can feel overwhelming, especially during a time of loss. However, it is designed to ensure that a loved one’s assets are properly managed, debts are settled, and their wishes are honored. By understanding each step, you can approach the process with confidence and clarity, knowing your family’s legacy is being protected.
1. Filing the Will and Death Certificate
The process begins with filing the necessary documents with the court to formally initiate probate, ensuring the deceased's wishes or state laws guide the process. Beneficiaries and heirs will be notified and given an opportunity to raise objections.
2. Appointing an Executor or Administrator
The court appoints an executor (if named in the will) or an administrator (if no will exists). This individual acts as the legal representative of the estate, ensuring all tasks are carried out in compliance with the law and the deceased’s intentions.
3. Locating Assets
The executor locates and protects the deceased’s assets, including real estate, bank accounts, and personal property. This critical step secures the estate's assets, prevents potential losses, and ensures everything is accounted for during distribution.
4. Paying Taxes & Debts
Outstanding debts, including mortgages and taxes, are paid using the estate's funds. Settling these obligations ensures the estate is free of liabilities, allowing for a smoother transfer of remaining assets to beneficiaries.
5. Distributing the Estate
Once all debts are settled, the executor petitions the court for permission to distribute the remaining assets to beneficiaries as outlined in the will—or according to state laws for intestate estates. This final step provides closure by delivering the remaining assets to heirs and fulfilling the legacy the deceased intended to leave behind.
How We Help
We understand that probate can feel overwhelming during an already emotional time. Our goal is to guide you through the process with clarity and care, protecting your loved one’s legacy and easing the burden on your family. Here’s how we make a difference:
Resolve Probate Disputes with Sensitivity: We help navigate challenges like will contests or disagreements among heirs, ensuring the process stays fair and focused on honoring your loved one’s wishes.
Support Executors and Beneficiaries Every Step of the Way: From managing assets to meeting legal obligations, we provide clear guidance to help you handle responsibilities with ease.
Simplify Future Probate for Your Family: Through proactive estate planning—like trusts, beneficiary designations, and joint ownership—we help minimize probate and make transitions seamless.
Ensure Every Detail is Handled Right: From notifying creditors to filing taxes, we make sure nothing is overlooked, so your family can focus on what truly matters.
Schedule Your Free Consult
With our life and legacy planning model, we help you confidently make legal and financial decisions so you know you have a plan to keep everyone you love out of court and out of conflict after you pass. Schedule a complimentary consult to learn more.
Frequently Asked Questions About Probate
HOW LONG DOES THE PROBATE PROCESS TAKE?
The timeline can vary depending on the complexity of the estate, but it typically takes 6 to 12 months. More complex cases or disputes can extend this to over a year.
WHAT HAPPENS IF SOMEONE DIES WITHOUT A WILL?
When there’s no will, the estate is considered "intestate." State laws determine how assets are distributed, typically prioritizing close relatives.
CAN PROBATE BE AVOIDED?
Yes, with proper estate planning. Tools like living trusts, joint ownership, and beneficiary designations can help avoid probate for some or all assets.
HOW MUCH DOES PROBATE COST?
Costs vary but generally include court fees, attorney fees, and administrative expenses. These can range from 3% to 7% of the estate's value.
WHAT ASSETS DO NOT GO THROUGH PROBATE?
Assets with designated beneficiaries, like life insurance policies or retirement accounts, and jointly owned property with rights of survivorship usually bypass probate.
WHAT HAPPENS TO DEBTS DURING PROBATE?
Valid debts must be paid from the estate’s assets before any distributions are made to beneficiaries. The executor is responsible for handling this process.
Avoid the Six Mistakes Most Families Make When Choosing An Estate Planning Attorney
Did you know that many families fly in the dark when it comes to securing their legacy for their loved ones? You can avoid these mistakes today by discovering exactly what to consider when hiring the best estate planning attorney for your family.
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Let us help you protect the people and things you love to make sure they stay out of court and out of conflict.
Let us help you protect the people and things you love to make sure they stay out of court and out of conflict.
CONTACT US
(859) 344-6742
25 Town Center Blvd, #204
Crestview Hills, KY 41017
© 2025 Freedom Law Services. All Rights Reserved.
© 2025 Freedom Law Services. All Rights Reserved.