EXPERIENCED
Louisville Probate Attorneys
Are you named the executor or administrator of your relative's estate?
Do you need legal help probating your loved one's estate?
At The English Law Group, P.S.C., we offer more than sixty years of legal experience in probate and estate administration. Our probate attorneys can help you fully understand your rights and obligations as a personal representative of an estate in Kentucky or Indiana.
PARTS OF THE
Probate Process:
Think of assets in three “buckets”
1. Assets with Named Beneficiaries
Life insurance, IRAs, 401(k)s, and “payable-on-death” or “transfer-on-death” accounts go directly to the named beneficiary. These are considered “outside of probate”.
2. Jointly Owned Property
Assets titled “joint with right of survivorship” (like many homes) automatically pass to the surviving owner. Be careful! Not all deeds are held in survivorship. In Kentucky there is specific language needed (even if you are married). Don’t assume your deed reflects your wishes. It’s best to have an attorney review it to make sure. Bank accounts with two owners (not multiple signers). Car titles in more than one name using “or”.
3. In One Person’s Name
Anything owned solely in the decedent’s name — such as an individual bank accounts, vehicles held alone or with more than one owner using “and”, ownerships in businesses, real estate held alone or as “tenants in common”, proceeds from a lawsuit if there is wrongful death or medical malpractice — must go through probate.
What is Probate in Kentucky?
Do I need to Avoid it?
Probate is the legal process that happens after someone dies to make sure their debts are paid and their assets are distributed correctly.
In Kentucky, the District Court oversees this process. The court confirms the validity of the will (if there is one), appoints an executor or administrator, and supervises the transfer of property.
If someone dies without a will, the estate is divided according to Kentucky’s intestate succession laws — meaning state law decides who inherits what.
| What goes through Probate?
Not everything a person owns is subject to probate.
Settling an estate is time-consuming and sometimes quite difficult. We can help an executor or administrator complete estate administration tasks in an efficient and cost-effective manner:
SIMPLIFYING THE
OFTEN-COMPLEX
Probate Process
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We can help you determine what assets, property and funds are included in the estate. For example, if the estate is named as a beneficiary of a life insurance policy, the proceeds must be included in the estate.
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Our experienced real estate lawyers are familiar with the laws regarding a surviving spouse's dower or curtsy interests and understand how the language of a real property deed must be carefully examined. We also know how to help you obtain an accurate appraisal or property evaluation. If a home or other property needs to be sold, we can also help with residential real estate transactions.
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We help the personal representative serve or publish any required notices, as well as identify and pay any outstanding debts, taxes or other liabilities.
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If your family member left a will (died testate), we can help make sure that all assets are distributed to the heirs named in the will or trust. If the person died without a will (died intestate), we can help transfer property and assets to family members as required by the intestacy laws of Kentucky, or Indiana.
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We help ensure that all documents are filed correctly with the probate court and within any required deadlines.
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We can help you complete and file the necessary estate tax returns.
The Kentucky Probate Timeline
While every case is different, here’s a general outline of the timeline:
1. File Petition – Any time after death.
2. Court Hearing & Appointment – 1–8 weeks after filing (depending on county and whether there’s a will).
3. Inventory Filed – Within 60 days of appointment
4. Creditor Period – 6 months for creditors to file claims.
5. Final Settlement – After 6 months, the estate may be closed either formally (court-approved) or informally (with waivers).
In Kentucky, an estate must remain open at least six months after the executor’s appointment.
Questions About
Probate
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No. Probate has no effect on tax obligations. In fact, inheriting property is usually much better (for tax purposes) than having it gifted during a person’s lifetime. Click here to learn more about capital gains tax and stepped-up basis.
In Kentucky, an inheritance tax is imposed based on the relationship a person has to the deceased.
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Some smaller estates qualify for a simplified process called Dispense with Administration if the total value is under $30,000. The only heirs qualified to file this type of small estate are a surviving spouse, child, or creditor.
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Benefits of Probate:
Court supervision provides transparency and protection.
Creates clear, legal transfer of ownership.
Resolves debts and disputes in an orderly way.
Conflicts can be decided by the probate judge.
Can make selling real estate easier
Challenges of Probate:
It takes time — at least 6 months.
It’s public record.
Creditors have a venue to make claims.
Proper planning — through wills, trusts, and updated beneficiary designations — can reduce these delays and expenses.
REPRESENTING EXECUTORS
&ADMINISTRATORS
From Kentucky &
Out of State
Whether you live in Kentucky or you reside elsewhere, we can guide you through the often-complicated process of settling an estate. When trying to probate an estate in Kentucky, it is extremely important to work with counsel who are familiar with the local probate court rules and who fully understand Kentucky's probate requirements. If you live out of state, we are available by telephone, e-mail and fax to answer your questions. In some situations, it is possible to administer the estate remotely. By acting as your liaison with the probate court, we can save you time and travel expenses.
If you are the executor of a loved one's will, or a probate court appointed you to administer a family member's estate, call (502) 425-8717 or contact us online. Our probate attorneys can explain your required duties and guide you through the process of settling the estate.
Plan Now.
Protect Later.
At English Law Group, we make estate planning and probate understandable, affordable, and family-focused.
The English Law Group, P.S.C. Can Help
We guide Kentucky families through every step of the probate process — from filing the petition to closing the estate. Our team helps executors, heirs, and trustees understand their duties and options with compassion and clarity.
We can help you with:
Probate court filings
Estate administration
Small estate procedures
Will validation
Real estate transfers
Trust administration
Contact the probate attorneys of The English Law Group, P.S.C. to arrange your initial consultation. From our offices in Louisville, we can help settle estates in Jefferson County, and throughout North Central Kentucky, and Southern Indiana.