Legal Question in Wills and Trusts in Kentucky

does a will need to be filed ? after a death

Does a will need to be filed where or what is needed after a death, surviving spouse is beneficiary - state of Kentucky


Asked on 9/16/08, 8:00 am

1 Answer from Attorneys

Thomas McAdam Thomas A. McAdam, III, Attorney

Re: does a will need to be filed ? after a death

Whether or not the will needs to be filed in the District Probate Court depends upon the specific provisions of the will. If, for example, the will provides for the entire estate to go to the surviving spouse, and if, for example, all real estate, bank accounts, stocks, vehicles, etc. are held jointly in survivorship with the remaining spouse, it may be possible to forgo filing a Probate action.

Otherwise, and in particular, if the will makes some specific bequests, the estate will have to pass through Probate court.

You are best advised to contact a local attorney to review the will and explain the legal effect of its provisions to you. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291

Good luck!

[email protected]

Read more
Answered on 9/16/08, 12:51 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Kentucky