The Kentucky probate process can take an extended amount of time for a variety of reasons. While a primary reason to avoid probate is protecting personal assets, the amount of time it may take to contact all beneficiaries can be problematic as well. This happens in many probate cases, as state law requires all potential beneficiaries be aware of the process and sign off on certain documents. And there are also other potential delays when a decedent passes intestate.
Multiple state property ownership
One potential issue that can cause a delay in a probate proceeding is when a decedent owns property in multiple states. The primary probate will be opened in the state of residency, but ancillary probate cases must also be opened in the states in which the decedent owns property as well.
Estate tax processing
Estates will be required to file a federal tax return. This can take some time because the Internal Revenue Service usually will not even look at the form for several months, and then it may take some more time when they find issues with the return. This can also impact a probate processing time frame.
Unusual property ownership
Another issue is when a decedent owns a specific property that has potentially high value. Asset values can be contested in a probate case when an item such as an antique vehicle or piece of artwork is assessed at a value that will present a problem in asset distribution or an estate tax amount.
Probate cases are often unique with respect to details that could extend a processing time. This is a major reason that it is always best to have a thorough estate plan in place in case of a calamity or an inevitable passing.