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Often times the legal process can be confusing & stressful, we work hard to simplify the process for our clients.
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For almost 30 years we have provided legal services to communities in Kentucky and Southern Indiana.
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LouisvilleProbate Lawyer
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Probate in Louisville is usually governed by the Kentucky Revised Statutes and any local court rules. The process requires the filing of some forms which would be necessary to carry out specific legal action.
The settling of a decedent’s estate requires that all the financial matters of the decedent be finalized. All assets are gathered up, debts are collated and settled, and whatever is left is distributed among the heirs of the decedent.
When dealing with the loss of your loved one, you probably don’t know how to settle the decedent’s estate or you just don’t want to take on that challenge. This is absolutely understandable, … and why our clients come to us to access the services of a Louisville probate lawyer.
Your Louisville probate lawyers at Triplett & Carothers will walk you through the required steps and also tell you how to go about the process. While it can be complicated, having a lawyer work hand-in-hand with you helps make things simpler and eliminates the possibility of making a wrong move.
What is Probate?
Probate is a court-supervised process through which the estate of a deceased person is disposed of in compliance with the wishes of the deceased as stated in the will left behind.
The process is usually overseen by a representative named in the will or appointed by the court. This representative is often called a fiduciary or executor. A representative is appointed by the court if:
- The decedent died without a will (known as having died intestate)
- The representative named in the will is not available
What is the Probate Process?
The first step in the probate process is information gathering. The required information includes:
- Whether a will was left behind
- Whether the will was a ‘self-proved will’ or not (a self-proved will is one which was signed by the decedents along with two witnesses by a notary public and it includes some specific language required by Louisville, Kentucky Law)
- All the assets that make up the estate
- All the debts accrued by the estate
- Who the estate beneficiaries are
- Any other issues that may affect the estate
Meet Our Attorneys
For over 27 years, our attorneys have proudly served communities throughout Kentucky and Southern Indiana.
Rosalyn A. Carothers
Attorney
Scott Triplett
Attorney
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we simplify the complexities of life & death decisions
The death of a loved one can be overwhelming. People often wonder what the next step is, and the one after that, as well. Our probate lawyers can guide you through the probate process.
In estate administration, there are two types of property. They are Probate Property and Non-Probate Property. Non-Probate Property can be passed from the decedent to any of the heirs without going through the court-based probate process. Property that falls into this category includes:
- Joint Tenancy Assets: With this kind of asset, the surviving joint tenant becomes the owner when one joint tenant dies. This is called “the right of survivorship”. The surviving joint tenant gets ownership of the asses without the need for a court order.
- Tenancy by the Entirety or Community Property with Right of Survivorship: These are like joint tenancy assets. The surviving joint tenant becomes the owner upon the demise of one of the owners. The difference with this type of ownership is that it is only available to married couples.
- Beneficiary Designations: This includes retirement accounts and life insurance policies. These types of assets have named beneficiaries and these beneficiaries are entitled to the assets or proceeds of the policy upon the death of the account or policy owner.
- Payable on Death Accounts or Transfer on Death Accounts: They also have designated beneficiaries who can receive the account’s assets should the owner so please.
Probate Property is any property that does not fall into any of the categories listed above.
You should also note that not all estates must go through the probate process. If an estate falls below a certain threshold, it is considered a small estate and does not need court supervision to be settled.
“The death of a loved one can be extremely overwhelming. Our Louisville probate lawyers are here and want to help you through the often complex probate process.”
It is important to know what category your loved one’s estate falls under before you begin the probate process. Your Louisville Probate Lawyer can help you with this and also help you understand every other thing you need to know to settle your loved one’s estate.
Get Legal Guidance From an Experienced Louisville Probate Attorney
Courtroom battles between family members or estate claimants are difficult and stressful. At Triplett & Carothers in Louisville, our attorneys will manage all aspects of your case and represent your interests in court. To speak with a knowledgeable probate lawyer, call (502) 425-5562 or fill out our convenient online form.