As you can see from our website, the attorneys at Gersh Law Offices, P.S.C. are highly committed to educating their clients, as well as the residents of Louisville in general in matters related to probate. We offer a comprehensive special reports covering numerous estate planning and probate issues. In addition, we also update our blog regularly in order to provide updates on the ever changing laws. Finally, our free estate planning seminars are always a valuable source of information where we connect with you directly to help you understand the estate planning topics that are the most relevant and pressing for you. Ultimately, it is our desire that Kentucky residents stay informed and obtain the assistance they need to secure a happy future for themselves and their loved ones. Below, you will find quality information as well as several links to useful resources relating to probate.
What You Should Know about Kentucky Probate in Jefferson County
Settling the estate of a deceased loved one is the goal of the probate process. As your Louisville probate attorney can tell you, the process involves settling financial matters, collecting property, paying debts, and distributing the remaining property according to the terms of the will or, if there is no will, according to the law of intestate succession that applies.
The Probate Department handles all legal pleadings and judicial orders that validate wills, appoint executors or administrators and settle estates. The department also handles estate lawsuits, guardianship for individuals under age 17, trusts, infant settlements under $10,000 and name changes for adults and children.
Costs and Fees for Common Probate Matters
Appointment of Curator for Aged or Infirmed – $68
Appointment of Curator for Missing or Incarcerated – $193
Appointment of Guardian or Conservator – $193
Appointment of Fiduciary – $193
Appointment of Trustee – $68
Probate Will and Appoint Fiduciary – $193
Probate Will and/or Petition to Dispense – $43
Modify or Correct Date of Birth or Death – $43
Motion to Modify/Reform Terms of Trust – $43
Probate Court Legal Form Links
- Petition to Determine if Disabled
- Application for Appointment of Fiduciary for Disabled Persons
- Petition/Application for Emergency Appointment of Fiduciary for Disabled Persons
- Report of Interdisciplinary Evaluation Team
- Verified Petition for the Voluntary Appointment of a Guardian or Conservator and Standby Guardian and Order (Not electronic)
- Annual Report of Guardian
- Petition for Relief, Modification or Termination
- Standard Power of Attorney for Medical/School Decision Making
- Petition for (Probate of Will)(Appointment of Administrator)(Appointment of Executor)
- Order Probating Will and Appointing Executor/Executrix
- Certificate of Qualification
- Petition for Appointment of Trustee Under Will
- Fiduciary Bond
- Petition/Order to Dispense with Administration (Surviving Spouse/Children/Preferred Creditor)
- Inventory and Appraisement of Estate
- Settlement of Estate (Not electronic)
- Informal Final Settlement: Affidavit, Motion and Order
- Affidavit of Waiver of Formal Settlement
- Petition for Appointment of Guardian/Conservator for Minor
- Application for Appointment as Guardian/Conservator for Minor
- 60 Day Inventory or Supplemental Inventory
- Periodic/Final Settlement of Guardian/Conservator
- Affidavit for Probate Fee Exemption and Order
Mediation Services are Available
“Mediation” is the non-adversarial process in which a neutral third party encourages disputing parties to reach a mutually acceptable agreement. Unlike court proceedings before a judge, the recommendations of mediators are not binding on the parties unless the parties enter into a settlement agreement that incorporates those recommendations. Mediation may be worthwhile if the dispute involves parties who have an on-going or continuing relationship they want to preserve. The parties who agree to mediate will be in control of the outcome of their case. Also, mediation can increase the chances of resolving the issues to the satisfaction of both parties.
Essentially, any case that requires a ruling on a question of law or a constitutional interpretation is better left to the courts. That leaves most other cases as good candidates for mediation. These include but not limited to personal injury, real estate, employment, family and divorce, contract, construction, probate, juvenile offenses, felony offenses, misdemeanor complaints, and medical malpractice.
- Mediation Guidelines
- Model Mediation Rules
- KRS Information
- Mediation Training
- Settlement Week Information
- Mediator Roster
- Felony Mediation Program
Avoiding Probate Altogether
Does this all seem very overwhelming? It certainly can be! That’s why we work to help clients with the probate process. In fact, with a comprehensive estate plan in place, it’s actually quite easy to avoid the probate process – if that’s your goal. There are several basic ways to make sure your property and other assets pass to your chosen heirs without going through drawn out probate proceedings. Some of these methods include Revocable Living Trusts, Pay-on-Death Accounts and Registrations, Joint Ownership of Property and Gifts. It is a good idea to consult with a probate attorney to explore which options are best for you. That’s where we come in!
If you have questions regarding probate or any other estate planning matters, contact Gersh Law Offices, P.S.C. for a consultation either online or by calling us at (502) 423-7023. It’s never too early to begin planning for your future and that of those you love.