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Probate law in Louisville governs the process of proving a will after the death of a person. This involves collecting all the person's assets, paying off any debts and taxes, and then distributing the remaining assets to the proper heirs or beneficiaries. Louisville probate law is guided by Kentucky's state laws and procedures. It's essential to understand this process because it can be both time-consuming and complicated for those who are not familiar with legal terminology and procedures.
It's advised to consult a probate lawyer in cases where there are sound arguments disputing the will, when assets are to be distributed among many beneficiaries, if the deceased had significant debts, or if the estate's assets are complicated to divide. Furthermore, if the will is not clearly written, if the estate involves a business, or if the heirs are uncertain about the procedure, a lawyer's guidance is invaluable.
In accordance with the laws of the Kentucky Revised Statutes, when a person dies, their estate goes through the probate process in the county of their residence. In Louisville, that would be Jefferson County. Any real estate owned in another state, however, will go through the probate process in that state. The law also allows for small estates, defined as having a value of $15,000 or less, to avoid the traditional probate process via an affidavit procedure.
The duration of the probate process varies, but it usually can take several months or even years, depending on the complexity of the estate and if there are any disputes over the will.
No, estates with a value of $15,000 or less can bypass the standard probate process and instead use an affidavit procedure, as per Kentucky state law.
You can handle probate yourself. However, it’s advised to consult a lawyer, particularly in complex cases such as large estates, argumentative families, or if the legal documentation is not clear.
If there is no will, the estate will be distributed according to the Kentucky intestate succession laws, where close relatives are given priority.
A probate lawyer offers professional advice on how to administrate the estate of a deceased person, ensuring the process adheres to the local laws. They can help verify wills, pay any debts of the estate, and divide assets among heirs.
The Kentucky Court of Justice offers various resources to help understand probate laws better and provide information on how to handle a probate process. Local libraries and law schools in Louisville, including the University of Louisville’s Brandeis School of Law, also offer legal clinics and probate law resources.
If you decide that you need a probate lawyer, research and consult various lawyers in Louisville who specialize in probate law. They should be well-informed about Kentucky's probate laws and local procedures in Louisville. Compare their fees, experience, and client ratings before making a decision. It's also beneficial to prepare a list of questions and all necessary documents before meeting any potential lawyers.
