Losing a loved one is one of the most challenging experiences. Amid the turmoil and emotions, the last thing you want is to deal with the complexities of probate. Probate is settling the deceased’s estate and passing the assets on to their heirs. The laws surrounding probate are complex, and these cases could be time-consuming.
A beacon of hope is using a skilled Mt. Sterling probate lawyer to help you. We use our knowledge and experience to guide you and ensure favorable outcomes. We explain everything in basic terms you can understand to comprehend this process better.
Guidance during These Stressful Times
Our priority is to provide clarity, skill, and understanding throughout probate. We take the time to listen, answer questions, and discuss all the steps of probate. Our team works with you to gather the necessary documentation and lift this burden off your shoulders.
Customized Solutions
All probate cases are different, and a customized approach must be taken. We recognize this, and your probate lawyer in Mt. Sterling, KY, works to create solutions that align with your needs. Our team can help you with our knowledge and resource to get the right solutions, from contesting a will to minimizing the complexities of probate.
A Detailed Investigation
Our team knows that probate is an intricate process involving many beneficiaries, assets, and debts. We understand the laws and regulations to ensure that your interests are protected. We leave no stone unturned to ensure everything is administered according to the deceased’s wishes and follows all legal requirements.
We approach each case with the utmost care in addressing possible disputes, dealing with creditor claims, and streamlining the process. We aim to simplify probate for you, so you can relax and know you work with dedicated professionals.
The Importance of Time
Time is critical when it comes to probate. Any delays could lead to complications and legal challenges. Our commitment to you is to resolve these matters quickly with attention to detail and speed.
Our probate attorneys in Mt. Sterling, KY, are well-versed in the court system, handling the paperwork and meeting critical deadlines. We take pride in expediting your case and protecting your rights throughout probate.
An Ally for Probate Success
At Bunch & Brock, we will work with you as an ally throughout probate. Our compassion, guidance, knowledge, experience, and commitment help us to resolve these issues quickly.
When selecting a Mt. Sterling probate lawyer, you want a skilled professional with a supportive team that cares. You are more than just a client, but someone going through a painful ordeal. We help you to alleviate this burden so you can move on with your life and put these events behind you.
Your probate lawyer works with you throughout this process to protect you and make things easier. Contact us at 859-254-5522 to schedule your consultation with a skilled probate attorney.
We will review your situation and create a custom legal strategy to get results. Probate is a complex process, and you need a knowledgeable probate attorney in Mt. Sterling, KY, to guide you. We serve all of central Kentucky, including Jessamine County.
Why Probate Matters?
A Nicholasville probate attorney can stand beside you and your family when a loved one dies, and you go through the probate process. It’s a difficult and emotional time, so working with an experienced and compassionate Nicholasville probate attorney can make everything easier.
Whether your loved one died with or without a will, their estate will likely still have to go through probate. However, if a will does exist, the process will be more straightforward.
The Nicholasville probate attorneys at Bunch & Brock know that estate law is full of unfamiliar legal jargon for many clients. Words like decedent, intestate, executor, and distribution can all seem confusing.
“Probate” refers to the judicial determination of a will’s validity. It also encompasses how the legal system administers and processes an estate. Because it is so complex and nuanced, this area of the law requires the guidance of a skilled and experienced Nicholasville probate attorney.
You may need clarification on your rights and responsibilities or help knowing where to begin.
What Is Probate?
A Nicholasville probate lawyer explains the ins and outs of the probate process.
Probate is a court-supervised legal process to settle an estate after someone’s death. In the probate process, a personal representative is given the legal authority to gather and value assets, pay debts and taxes, and transfer assets to the people you wish to inherit them. This representative is an executor named in the will or a representative appointed by the court if there is no will. The purpose of probate is to prevent fraud after someone’s death. No one can touch the estate until a judge determines:
- The will is valid (if one exists).
- All the relevant people have been notified.
- All the property has been identified and appraised.
- Creditors and taxes have been paid.
After this is established and confirmed, the property can be distributed to heirs, and the estate is closed.
Asset Distribution
The assets that make up an estate will have to be distributed in a specific order. For example, any debts or taxes the deceased person owes will be paid first. Creditors that have a valid claim are typically paid in the following order:
- Estate administration costs
- Family allowances
- Funeral expenses
- Taxes
- Debt.
When all the creditors are satisfied, whatever is left over is distributed to the beneficiaries named in the will.
Suppose the deceased person didn’t have a will, or it is determined that only part of the estate is covered by a valid will. In that case, probate applies Kentucky succession law to establish who gets what and legally transfers title to those people. Probate can be quite helpful — even where a deceased person did not leave behind any property to transfer — if they had creditor problems or were the subject of a potential lawsuit. Probate allows all of the deceased person’s debts to be finally settled. That can be very beneficial to survivors.
Regular probate can take several months, but there’s also a shortened version for individuals with modest estates.
In Kentucky, small estates – those less than $30,000 – can go through an abbreviated “summary probate.” It requires an individual to appear only once in court, and the process is over quickly.
In 2020, the Kentucky General Assembly raised the small estate limit from $15,000 to $30,000 (Ky. Rev. Stat. Ann. § 391.030), which means many more estates can now qualify for summary probate.
The simplified probate process for small estates makes it easy for survivors to transfer the deceased person’s property, including.
- The will leaves no personal property.
- There is a surviving spouse, and the value of property subject to probate is $30,000 or less.
- There is no surviving spouse, and the proceeds will go to the children.
A surviving spouse can petition the court to get permission to withdraw up to $2,500 from a bank or depository account in the deceased spouse’s name before the summary probate is settled.
To determine whether an estate qualifies for this shortcut or whether it must be subject to regular probate. It is in your best interests to consult with a Jessamine County estate planning attorney to review your options.
Put our experience to work for you. Contact us today about your probate needs by calling 859-254-5522.
Attorney Matthew Bunch
Matt handles complicated bankruptcies and debt restructuring in Chapters 11 and 13 for both individuals and companies. He has also negotiated with multiple creditors on behalf of his clients to avoid bankruptcy. Matt is the firm’s lead litigator and handles contract disputes, certain personal injury claims and general litigation. [ attorney bio ]
