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Deciding on the best location to open probate

| Jul 9, 2021 | Uncategorized |

The decision on where to open probate requires an understanding of the complexity of your loved one’s estate in Kentucky. The simplest cases involve situations where the decedent dies in the same county where their property resides. In these cases, you’ll open probate in that county.

Factors that determine where to open probate

Probate may require you to determine whether the decedent owned tangible or intangible assets. Most property that you can physically touch falls under the category of tangible. Some states consider retirement and bank accounts as tangible assets. For these assets, you should open probate in the county where the property exists. Intangible assets include property that you can’t typically hold in your hand. Typically, states consider copyrights and patents as intangible assets. When the probate estate contains only intangible assets, you typically open the probate where the decedent lived.

Determining the best place to open probate gets trickier when the decedent owned property in multiple counties within the same state. In these cases, you typically open probate in the county where the decedent lived. Consulting a qualified attorney may ensure that you make the right choice for opening probate. When assets exist in more than one state, you might need to contend with more than one probate proceeding.

Assistance for opening probate

If the decedent placed all of their assets into a revocable living trust, probate is not necessary. Any personal assets that were not put into the trust must still undergo probate, however. Discussing your situation with an attorney may help you determine the best possible course of action.