Probating an Estate: No Two Estates are Alike

You might be surprised to learn that they don't teach you how to probate an estate in law school. Since I opened my doors, I have handled three total estates. That's not an incredibly high number, but each one of them presented me with a different issue, which had to be resolved. I applaud our justice department in Kentucky for simplifying the majority of probate matters to a series of forms and publishing a helpful guide for simple estates. However, I am certain that each of the issues I have faced should not be faced by an individual without experience in our court systems.

To give some background, probate is a process of settling the affairs of someone who has passed away. In Kentucky, we allow small estates to dispense with formal probate proceedings. However, sometimes it is difficult to determine if the estate you are handling qualifies for this exception. The addition or omission of one word or a paragraph in a legal document can be the determining factor if an estate qualifies for the exception. This is why it is important to seek advice from an attorney. If you incorrectly claim the estate falls in the exception, a creditor can challenge the designation.

My grandmother passed away shortly after I started my private practice, but my mother, a retired school teach, and her sisters had no clue as to what needed to be done for the estate. Luckily, we were able to determine that my grandmother's estate did qualify for the exception, but one small difference could have caused significantly more headaches. Even though my grandmother's estate qualified for the exception, it did not stop the calls and letters from creditors and other solicitors regarding the estate.

Formal probate proceedings can vary greatly from open and shut in six months to civil litigation actions to settle estates that lasts for years. There are several intricacies in estates that must be considered and resolved before a judge will sign an order finalizing an estate. These include estate inheritance tax, payment of creditors, release of claims, insolvent estates, real estate transfers, etc. Other items may come up during the proceedings which need to be brought to the court by motion and ruled on. Failing to put certain motions in front of the court at the right time may cause your inheritance to be put at risk of creditor's claims or significantly reduced. Most people do not have experience or understanding of these intricacies.

I truly believe that the advice and counsel of an attorney during these proceedings is well worth the value received and the reduced headache and concern that comes along with these proceedings. Additionally, attorney's fees in probate matters are limited by statute so that they are reasonable given the size and complexity of the estate.

Unfortunately, when a probate proceeding is needed we are in a difficult and trying time in our lives, don't go through the process alone.

DISCLAIMER. This post is not intended as legal advice and should not be considered as such. You should seek legal counsel regarding probate matters. This post is not intended for advertising purposes, but may be construed as an advertisement.