What is the purpose of Probate Court? Do you have to go to Probate Court when someone dies? Do you have to pay that person’s bills? If you’re asking these questions, you’ve come to the right place. I have represented hundreds of clients in Kentucky Probate Court and I’m happy to help you as well.
Generally speaking, Kentucky has 2 types of Probate Court Estates:
Probate Court is the process by which money and property is transferred from someone who passed away. It is also a process that allows that person’s creditors to be paid. The purpose of Probate Court is to prevent any fraud against someone who died. Essentially, the Court makes sure things are done according to the wishes of the deceased person. However, if that person left no Will, the Court applies Kentucky law to determine what happens to that person’s assets (see Kentucky Revised Statutes. These laws probably don’t align with exactly what the deceased person would have wanted, which is why it’s very important to get your Will done.
Sometimes Probate Court is required to distribute someone’s assets after death, but not always. It depends on what the deceased person owned when he or she passed away. It depends on whether that person had a Will, a Trust, or nothing at all. Along those same lines, it is often necessary to pay the debts of the person who passed away, but not always. Every person’s situation is different and while there are definitely rules to follow, there are even more exceptions to those rules. It’s a good idea to discuss the situation with an experienced Kentucky Probate Attorney.
At Bauman Estate Planning, we pride ourselves on earning our clients’ trust by providing exceptional legal services and client support. If you live in the Louisville area, I can answer your questions about Probate Court and work through the process with you.
Call Bauman Estate Planning today or click on the link at the top of the page to schedule a phone call with Jason.