Can Probate Be Contested?

Probate in Kentucky can be contested under certain circumstances says Bunch and Brock

LEXINGTON, Ky., Sept. 19, 2023 /PRNewswire/ -- Probate is the legal process that occurs after a person's death to administer their estate, distribute assets, and settle any debts or claims. While the probate process is designed to be fair and efficient, there are situations where interested parties may seek to contest the proceedings. "Each probate estate is unique, and the process can potentially be timely and costly," says Attorney Thomas Bunch.

Contesting probate in Kentucky typically involves challenging the validity of a will or questioning the actions of the executor or personal representative. Here are some common grounds for contesting probate in Kentucky:

1. Lack of testamentary capacity: If it can be proven that the individual did not have the mental capacity to understand the nature of their actions or the extent of their property at the time they made the will, it may be deemed invalid.
2. Undue influence: If someone exerted improper influence or pressure on the deceased person to create or modify their will, it may be contested on the grounds of undue influence.
3. Fraud or forgery: If there is evidence that the will was forged or created through fraudulent means, it can be contested. This may include situations where someone impersonated the deceased person or forged their signature on the will.
4. Improper execution: If the will was not properly executed according to Kentucky law, such as lacking witnesses or not being signed by the testator, it can be contested.
5. Breach of fiduciary duty: If the executor or personal representative fails to fulfill their obligations, acts against the best interests of the estate, or engages in misconduct, interested parties may contest the probate proceedings based on a breach of fiduciary duty.

To contest probate in Kentucky, interested parties must file a petition with the probate court outlining the specific grounds for contesting and providing supporting evidence. It is important to note that there are specific time limits for filing a contest, so prompt action is crucial.

"Contesting probate can lead to delays in the distribution of assets and may strain relationships among family members. Therefore, it is advisable to carefully consider the potential outcomes and consult with legal professionals before initiating a contest," says Attorney Matthew Bunch.

About Bunch and Brock Attorneys at Law
Bunch & Brock is a trusted law firm in Central Kentucky serving families, individuals, and businesses for over 50 years. Their experienced lawyers offer debt relief, personal bankruptcy assistance, estate planning, foreclosure prevention, and business legal services with a commitment to accessibility and client satisfaction. Contact the firm at 859-254-5522 for more information.

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SOURCE Bunch & Brock