Do I have to go to Court to be appointed Executor or Administrator of the estate?

Yes.  However, you can execute a Special Power of Attorney allowing the attorney for the estate to appear on your behalf.

Can I pay bills right away?

No.  You can’t not pay bills until the estate administration has officially been opened with the Probate Court and you have been appointed as the Personal Representative (Executor or Administrator).

Am I obligated to pay debts of my deceased parent?

No, unless you are listed jointly with your deceased parent on this debt.

Can I still use the Power of Attorney for the deceased?

No.  The Power of Attorney is no longer in effect as of the date of death of the deceased.

What happens to the deceased’s bank account?

If the account is in the deceased’s sole name, then this account becomes frozen until the estate administration has officially been opened with the Probate Court.

I have a bill from the funeral home, can I use the deceased’s money from the account to pay it?

No.  You can’t pay this bill until the estate administration has officially been opened with the Probate Court and you have been appointed as the Personal Representative (Executor or Administrator).

Can I sell the automobile?

No.  If the automobile is in the deceased’s sole name, you can’t sell or transfer the automobile until the estate administration has officially been opened with the Probate Court and you have been appointed as the Personal Representative (Executor or Administrator).

Can I use the automobile for estate business?

No.

Should I cancel the account with LG&E?

No.  Not until the property has been sold or transferred.

How long does is the probate process in Kentucky?

In Kentucky, a probate administration must remain open a minimum of six (6) months.

I found some cash, is that part of the estate?

Yes.

Can I give away furniture?

No.

The deceased verbally told me to “give” certain jewelry to specific individuals.  Can I do this?

No.  This can only occur by direction in a Last Will and Testament that has been admitted to probate by the Court.

I resided with the deceased.  Can I remain in the residence?

No.  Unless there is a written agreement to same by all heirs of the estate.

Can I get a copy of the deceased Last Will and Testament?

Yes.  Once the Last Will and Testament has been filed and admitted by the Probate Court it becomes public record and can be obtained by any individual.

Do you have to have a reading of the Last Will and Testament?

No.  This is not required and only occurs in the movies.

Can I force another individual to produce an original Last Will and Testament for the deceased that is in their possession?

Yes, you must make the request by filing with the Probate Court.

I took care of the deceased, can I now be compensated?

No, not without a valid written agreement with the deceased prior to death.

We can’t find the original Will, but we can find a copy.  Is this admissible?

Yes, provided certain circumstances are met.

Stone Legal Group, PLLC
(502) 326-5550