Probate Process For Property

Summary

To transfer property through probate in Kentucky, the executrix must obtain a letter of testamentary from the probate court. This involves providing the will, death certificate, and other documents. Next, the executrix should prepare a new deed, including the property description and new owners name, and have it notarized. Consulting a real estate attorney can ensure the process is completed correctly.

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my mom passed away last year and she left a will. In the will she names her middle grandchild as the one who gets her house. The will has been through probate and her middle grandchild was also named the executrix of her estate. How does she get the letter of testamentary and what are the next steps afterwards
Hi Audrea! Here’s some general information that might help:
*. Letter of Testamentary:
- The executrix (your mom’s middle grandchild) can obtain this from the probate court. She may need to provide the will, the death certificate, and other relevant documents.
*. Next Steps:
- Inventory and Appraise Assets: The executrix must inventory the estate's assets and get them appraised.
- Settle Debts and Taxes: Pay off any debts and taxes owed by the estate.
- Distribute Assets: Follow the will’s instructions to distribute the remaining assets to the beneficiaries.
Does she need specific help with any of these steps?
Transfer of the house and writing the new deed
Hi Audrea! For transferring the house and writing the new deed, here's the general process in Kentucky:
*. Obtain Letter of Testamentary: This allows the executrix to act on behalf of the estate.
*. File a New Deed: The executrix must prepare and file a new deed with the county clerk's office.
*. Include Required Information:
- Description of the property.
- Name of the new owner (the grandchild).
- Executrix’s signature and notarization.
Does she need specific help with drafting the new deed or any other step?
Yes
Case Rating: *
Hi Audrea! For drafting the new deed, it’s often beneficial to consult with a real estate attorney to ensure everything is done correctly. However, here’s a brief overview of what’s needed:
*. Property Description: Include a legal description of the property.
*. New Owner's Name: Clearly state the grandchild’s name as the new owner.
*. Signature and Notarization: The executrix must sign the deed and have it notarized.
Would you like more detailed guidance on any of these steps, or assistance in finding a real estate attorney in Kentucky?