Probate Administration

At Darpel Elder Law, we know that losing a loved one is difficult. We recognize that the thought of pursuing a probate administration for a deceased loved one can seem overwhelming. Our goal is to guide you seamlessly through a probate administration and to ease the burden in this already difficult time. 

What is Probate?

Probate is the court process to enable a court-appointed fiduciary (Executor or Administrator) to handle the following:

  • Collect assets
  • Identify beneficiaries
  • Identify creditors
  • Pay creditors
  • Distribute net estate

When is Probate necessary?

Probate is necessary (typically) only when a person dies having had sole ownership of an asset without a beneficiary designation (examples: vehicle, savings account, etc.)

If I'm already someone's Power of Attorney, don't I already have the authority to do these things?

No - a Power of Attorney is no longer valid when someone passes away. You must get court authority to handle their affairs.

What is required of an Executor?

  • After the Executor's appointment, within 60 days they must file an inventory of the deceased person's property with the court.
  • They must then file Periodic Reports setting forth how much money and property they have received/distributed as the Executor, along with a Final Report of Settlement at the time the estate is closed.
  • Depending on the amount of the estate assets, an Executor will need to obtain a surety bond (unless either the Judge or the Will waives same).

Probate Avoidance Strategies:

  • Trusts
  • Joint ownership
  • Contracts with beneficiary designations (e.g. life insurance, annuities, retirement plans)
  • P.O.D. and T.O.D. accounts

Feeling overwhelmed? Worried about your life savings?

Let us know how we may be of further assistance to you and your family. Our staff is looking forward to speaking with you!

Contact Us Today

Darpel Elder Law is committed to answering your questions about elder law issues in Northern Kentucky.

We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.