Bidding farewell to a departed loved one is never easy. Taking care of what the dearly departed left behind is among the things that the surviving family will have to attend to. If a substantial estate is involved, legal assistance might make the whole probate process more manageable.

For legal guidance through the probate process, call our team at Caleb Bland Law, PLLC. We proudly serve clients in Elizabethtown, Radcliff, Shepherdsville, and the surrounding areas in Kentucky.

Probate: What It Is and How It Works

Probate is a court-supervised process that serves to transfer and distribute assets. It is typically guided by a will and thereby executed in accordance with the deceased person’s wishes. In the absence of an official will, the probate court will decide on how to duly distribute the assets of the deceased’s estate. Generally, probating an estate without a will is lengthier and more costly compared to probating an estate with a valid will.

The duration of the probate process will depend on the estate. With smaller estates, probate may be finalized in only a matter of weeks or months. For larger estates, the process may take years. Another thing that could prolong the process is the occurrence of a contested will (meaning an involved party objects to some part of the probate process or the way the will is being carried out). For all of these reasons, it's important to work with an experienced probate attorney who can keep your case moving forward despite these potential roadblocks.



Who Is Involved in the Probate Process?

The probate court will usually appoint a person, called a fiduciary, to handle the deceased person’s estate. What type of fiduciary is appointed depends on a number of factors. Consider these four types of fiduciaries for reference:

  • Executor – a fiduciary who is named in the decedent’s will

  • Administrator – a fiduciary who is appointed by the court in the absence of a will

  • Guardian – a fiduciary appointed to handle the finances that belonged to a minor

  • Curator – a fiduciary who is chosen when someone who doesn’t think they can manage their own finances asks the court to appoint someone else to handle them

If you have been named the fiduciary of your loved one's estate, or if you disagree with the appointment of someone else as a fiduciary, we encourage you to contact our law firm and set up a free case evaluation.

Is Probate Avoidable?

Some people incorrectly assume that the presence of a will is enough and does not necessitate probate. On the contrary, a will doesn’t help you avoid probate unless the estate in question is valued at less than $15,000. Still, having a will in place does tend to drastically simplify the probate process.

Outside of the "less than $15,000" estate rule, the best way to avoid probate is to establish a trust in lieu of a will. However, if your loved one left a will or no estate plan at all, probate is most likely unavoidable.

Should You Involve a Lawyer in the Probate Process?

Having a loved one pass away is already a difficult time for you and the whole family. Emotions are high, and having to deal with the probate process can add to your stress and anxiety. A seasoned probate attorney can not only answer your questions, but they can take the lead on your case so that you don't have to carry what feels like the weight of the world on your shoulders.

Whether you were appointed a fiduciary and looking for legal assistance or are a concerned family member looking to contest or oppose a will, we are here to help.


For legal guidance through the probate administration process in Elizabethtown, Kentucky or a neighboring area such as Radcliff, Shepherdsville, Bardstown, or Louisville, reach out to Caleb Bland Law, PLLC. We can provide quality legal assistance backed by decades of experience. Contact us today to schedule a consultation.