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Personal Practices

Probate Administration

When a loved one passes away, there are many concerns that a family has to navigate. One of the biggest questions that arises is what happens to their assets. At English Lucas Priest and Owsley, our experienced Kentucky probate administration lawyers understand the difficult tasks that families have to contend with following the passing of a loved one. We work closely with our clients to help them through each step of the probate process and to ensure that their late loved one’s wishes are met.

For individuals who pass away who have a will, the will needs to go through the probate process in order to properly be administered. This needs to happen before other parties can have legal title to the decedent’s assets, whether it is their home or their vehicle or another form of personal property.

The experienced probate administration attorneys of English Lucas Priest and Owsley can work with families to ensure that the will’s of their loved ones are properly executed. Our attorneys have extensive experience when it comes to probate administration, and they work closely with their clients through each step of this process to ensure that it goes as smoothly as possible. Once the original will has been located, the probate process is initiated by asking a District Court judge to admit the will and appoint an executor to settle the estate. The probate administration process does not happen overnight, and having experienced probate administration attorneys on your side can go a long way in bringing a swift and effective resolution

We help both the beneficiaries listed in a will as well as the executor of wills. Our experienced Kentucky probate administration attorneys provide counsel on a number of matters that can arise during the probate administration process. The probate administration team at English Lucas Priest and Owsley help clients untangle any potential tax issues that are involved with the probate process. Additionally, we help with security estate assets as well as the transfer of assets to the designated beneficiaries. From helping with the preparation of all necessary documents to ensuring all creditors are paid, probate administration attorneys can play a key role in making sure that estates are properly resolved.

At English Lucas Priest and Owsley, we understand the importance of fulfilling your loved one’s wishes, and we are committed to providing our clients with responsive representation that meets all of their legal needs. By combining our decades of experience with the probate administration process with our deep knowledge and understanding of Kentucky probate law, we are able to give our clients the attentive and comprehensive counsel that they need and deserve.

Probate is primarily a process through which title is transferred from the name of the deceased to the names of the beneficiaries. Certain types of assets are “non-probate assets” and do not go through probate.  These include:

  • Property in which you own title as “joint tenants with right of survivorship”.  Such property passes to the co-owners by operation of law and do not go through probate.
  • Retirement accounts such as IRA and 401(k) accounts where there are designated beneficiaries.
  • Life insurance policies.
  • Bank accounts with “pay on death” (POD) designations or “in trust for” designations.
  • Property owned by a living trust.  Legal title to such property passes to successor trustees without having to go through probate.

The cost and duration of probate can vary substantially depending on a number of factors such as the value and complexity of the estate, the existence of a will and the location of real property owned by the estate.  Will contests or disputes with alleged creditors over the debts of the estate can also add significant cost and delay.  Common expenses of an estate include Executors’ fees, attorneys’ fees, accounting fees, court fees, appraisal costs, and surety bonds.  These typically add up to 5 to 7 percent of the total estate value. Most estates are settled though probate in about 9 to 18 months, assuming there is no litigation involved.

Related Practice Area

When a loved one passes away, there are many concerns that a family has to navigate. One of the biggest questions that arises is what happens to their assets. At English Lucas Priest and Owsley, our experienced Kentucky probate administration lawyers understand the difficult tasks that families have to contend with following the passing of a loved one. We work closely with our clients to help them through each step of the probate process and to ensure that their late loved one’s wishes are met. For individuals who pass away who have a will, the will needs to go through the probate process in order to properly be administered. This needs to happen before other parties can have legal title to the decedent’s assets, whether it is their home or their vehicle or another form of personal property. The experienced probate administration attorneys of English Lucas Priest and Owsley can work with families to ensure that the will’s of their loved ones are properly executed. Our attorneys have extensive experience when it comes to probate administration, and they work closely with their clients through each step of this process to ensure that it goes as smoothly as possible. Once the original will has been located, the probate process is initiated by asking a District Court judge to admit the will and appoint an executor to settle the estate. The probate administration process does not happen overnight, and having experienced probate administration attorneys on your side can go a long way in bringing a swift and effective resolution We help both the beneficiaries listed in a will as well as the executor of wills. Our experienced Kentucky probate administration attorneys provide counsel on a number of matters that can arise during the probate administration process. The probate administration team at English Lucas Priest and Owsley help clients untangle any potential tax issues that are involved with the probate process. Additionally, we help with security estate assets as well as the transfer of assets to the designated beneficiaries. From helping with the preparation of all necessary documents to ensuring all creditors are paid, probate administration attorneys can play a key role in making sure that estates are properly resolved. At English Lucas Priest and Owsley, we understand the importance of fulfilling your loved one’s wishes, and we are committed to providing our clients with responsive representation that meets all of their legal needs. By combining our decades of experience with the probate administration process with our deep knowledge and understanding of Kentucky probate law, we are able to give our clients the attentive and comprehensive counsel that they need and deserve.

Related Practice Area