How does my dad find out if he was named in my grandfather's will?
Full Question:
Answer:
When a person dies, a personal representative (also known as an administrator or executor) will gather and inventory all of his or her property at the time of his or her death and distribute the property according to the instructions in the deceased person’s will. An executor is nominated by the testator for the purpose of executing the will. Responsibilities include gathering up and protecting the assets of the estate, obtaining information in regard to all beneficiaries named in the will and any other potential heirs, collecting and arranging for payment of debts of the estate, approving or disapproving creditor's claims, making sure estate taxes are calculated, forms filed and tax payments made, and in all ways assisting the attorney for the estate. The personal representative will be appointed in a probate proceeding. The personal representative must usher the deceased’s property through the probate process, subject to the state's probate rules and procedures. In many states, the court maintains tight control over the activities of the personal representative. The personal representative typically must file a probate petition and notify all those persons named in the will, and give anyone who chooses a chance to file a formal objection to the will. A hearing on the probate petition is typically scheduled several weeks to months after the matter is filed. If no objections are filed the court generally approves the petition and formally appoints the personal representative.
The following are Kentucky statutes:
394.130. Will not admissible as evidence until probated —
Effect of probate.
No will shall be received in evidence until it has been
allowed and admitted to record by a district court; and its
probate before such court shall be conclusive, except as to the
jurisdiction of the court, until superseded, reversed or
annulled.
394.140. Will probated in District Court — Venue.
Wills shall be proved before, and admitted to record by, the
district court of the testator's residence (if such residence
was on a United States army post, military reservation or fort,
it may be proved and admitted to record in the district court
of any county adjacent thereto); if he had no known place of
residence in this state, and land is devised, then in the
county where the land or part thereof lies; if no land is
devised, then in the county where he died, or where his estate
or part thereof is, or where there is a debt or demand owing to
him.
394.145. Application for probate of will.
When any will is offered for probate, the court shall require
a verified application to be filed by the person offering the
same. Such application shall state the residence of the
testator at the time of his death and such other facts as may
be necessary to establish the jurisdiction of the court, and
the names, ages and post-office addresses of the testator's
surviving spouse and, if required by the court, heirs at law,
or such as are known. An application for probate and for
appointment as executor or administrator with the will annexed
may be combined in one (1) application.
394.160. Court may compel production of a will.
Any district court, on being informed that a person has in
his custody the will of a testator, may summon him, and, by
proper process, compel him to produce it.
394.170. Propounder of will may have interested parties summoned.
A person offering or intending to offer to a district court
a will for probate may obtain from the clerk of the court
process directed to the proper officer of any county, requiring
him to summon any person interested in the probate to appear
and show cause why the will should not be admitted to record.
394.180. Court may order interested parties summoned.
The court to which a will is offered for probate may cause
all persons interested in the probate to be summoned to appear
on a certain day.
394.220. Court may probate will without summoning parties.
A district court may, without summoning any party, proceed to
probate and admit the will to record or reject it.
394.240. Actions in Circuit Court — Time in which to be
brought — Filing notice of proceeding.
(1) Any person aggrieved by the action of the district court
in admitting a will to record or rejecting it may bring an
original action in the circuit court of the same county to
contest the action of the district court. Such action shall be
brought within two (2) years after the decision of the district
court. The parties may, in the same action, or in a separate
action if the validity of the will is not in issue, seek
construction, interpretation or reformation of a will.
(2) Upon filing an adversary proceeding in circuit court in
matters involving probate whether in a testate or intestate
proceeding or an action pursuant to subsection (1) of this
section, the plaintiff shall forthwith lodge a notice of the
action in the office of the county clerk of the county in which
the will was admitted to probate or rejected, or if in an
intestate estate in the office of the county clerk of the
county in which the estate was probated. Such notice shall
state the name of the testator, the style of the action, the
court in which the action has been filed, the file number
assigned to the action by the clerk of the court in which it
has been filed, the nature of the action, and the date on which
the action was commenced. Said notice shall be signed by
plaintiff or his attorney and no jurat shall be necessary. The
county clerk shall record and index said notice as if it were
a will.
394.250. When action in circuit court stays proceedings under will — Court
may stop distribution.
An action filed in the circuit court, pursuant to KRS
394.240, shall not, unless taken within twelve (12) months from
the entry of the district court's order, prevent the
appointment of an administrator or executor by the district
court or the settlement, distribution, and division of the
decedent's estate. The circuit court in which proceedings are
pending may make an order restraining the further distribution
and division of the estate. Should such a restraining order be
made, the court may in its discretion require the plaintiffs to
give bond as required by the Rules of Civil Procedure
concerning injunctive relief in civil actions generally. Such
an order shall not restrain administration of the estate other
than as set out in the order.
394.260. Proceedings in Circuit Court.
When the proceeding is taken to the circuit court, all
necessary parties shall be brought before the court by the
plaintiff. The final decision given shall, subject to appeal to
the court of appeals, be a bar to any other proceeding calling
the probate or rejection of the will in question. This
section does not preclude a court of justice from its jurisdiction to
impeach such final decision for any reason that would give it
jurisdiction over any other judgment at law.
394.280. Nonresidents, persons not parties and infants may have retrial —
Time — Extent of.
(1) Any person interested who, at the time of the final
decision in the circuit court, resided out of this state and
was proceeded against by warning order only, without actual
appearance or being personally served with process, and any
other person interested who was not a party to the proceeding
by actual appearance or being personally served with process,
may, within three (3) years after the final decision in the
circuit court, by petition in equity, impeach the decision and
have a retrial of the question of probate; and either party
shall be entitled to a jury for the trial thereof. An infant,
not a party, shall not be barred of such proceeding in equity
until twelve (12) months after attaining full age.
(2) But no such proceeding in equity for establishing or
avoiding a will shall operate further than is necessary to the
rights of such infant, nonresident, or other party, or
otherwise affect the rights of any other person interested in
the probate.
394.330. Will speaks as of time testator dies.
A will shall be construed, with reference to the real and
personal estate comprised in it, to speak and take effect as if
it had been executed immediately before the death of the
testator, unless a contrary intention appears in the will.
395.010. Administration must be within ten years after death.
Original administration shall not be granted after the
expiration of ten (10) years from the death of the testator or
intestate and if made after that time, it shall be void.
395.012. Right to file demand for notice of action regarding
estate.
(1) Any person having a financial or property interest in a
decedent's estate may file a demand for notice with the court
at any time after the death of the decedent, stating the name
of the decedent, the nature of the demandant's interest in the
estate, and his address or that of his attorney.
(2) If a personal representative has been appointed at the
time of filing of the demand, the court shall advise the
demandant of the appointment and transmit a copy of each order
entered, regarding the estate to the demandant.
(3) After the filing of a demand, no order or filing to which
the demand relates shall be entered until the person seeking
such order certifies as provided in the Rules of Civil
Procedure that the demandant or his attorney has been given
written notice. The requirement for notice arising from a
demand under this provision may be waived in writing by the
demandant and in any event shall cease upon the termination of
his interest in the estate.
395.015. Applications for appointment of personal
representative.
(1) Before being appointed as executor, administrator,
curator, or administrator with the will annexed, every person
shall make and file in duplicate a written application under
oath, which must state the names of the deceased's surviving
spouse and all of his heirs-at-law or such as are known, their
post-office address if known, the date of death and also a
statement in general terms as to what the estate consists of
and the probable value of the personal and real estate and also
a statement of any indebtedness owing by the applicant to the
deceased. The foregoing requirement in respect to names and
addresses of heirs-at-law may be omitted when the application
is being made by the executor named in the will unless
requested by the court. The application of a nonresident shall
include the designation of a resident of the county where
administration is pending as his agent for the service of
process in any action against him as personal representative or
personally, provided that such personal action must have
accrued in the administration of the estate. A duplicate copy
of said application shall be mailed by the clerk to the
secretary of revenue of the state of Kentucky.
(2) In the case of intestacy, or where an administrator with
will annexed or de bonis non is to be appointed, if there be no
surviving spouse, or if such spouse waives the right of
appointment or is not qualified to act and does not nominate a
suitable administrator and there is more than one resident
heir-at-law entitled to appointment, the court shall thereupon
set a time for hearing such application. Notice of said hearing
shall be given to the surviving spouse and all known heirs of
the deceased residing in the state, or elsewhere, in the manner
provided in KRS 395.016.
395.016. Notice of hearing of application.
When notice of hearing of an application for the appointment
of an administrator, administrator with will annexed or
guardian is required, it shall be given by mailing written
notice of the time, place and purpose of such hearing at least
five (5) days before said hearing. Proof of such notice shall
be by certified mail, return receipt requested or by
applicant's affidavit that the same was mailed to each of the
parties entitled thereto in a sealed envelope, postage prepaid,
and the date when posted, which proof shall be filed at the
time of hearing. If all parties entitled to notice are under no
disability and waive notice in writing, the court may hear such
application as if notice had been given. A minor over fourteen
(14) years of age may waive notice if present in person at the
time of hearing of application for appointment of his guardian;
provided, however in any estate where the gross amount involved
is less than five thousand dollars ($5,000) the court in its
discretion may dispense with the requirements of this
section relating to notice.
395.020. Executor not to act until will probated — Exception.
The person named in a will as executor shall not act as
executor to any extent until the will or an authenticated copy
of the will is admitted to record, and he has executed bond and
taken oath in the court in which the record is made. He may,
however, provide for the burial of the testator, pay the
reasonable funeral expenses, and take care of and preserve the
estate.
395.190. Time for distribution of estate.
A personal representative may distribute the estate of a
decedent six (6) months after qualification.
395.195. Transactions authorized for personal representative — exceptions.
Except as restricted or otherwise provided by the will, or by
KRS 395.200, a personal representative, acting reasonably for
the benefit of the interested persons, may properly:
(1) Retain assets owned by the decedent pending distribution
or liquidation including those in which the representative is
personally interested or which are otherwise improper for trust
investment;
(2) Receive assets from fiduciaries, or other sources;
(3) Perform, compromise or refuse performance for proper
cause of the decedent's contracts that continue as obligations
of the estate, as he may determine under the circumstances;
(4) Satisfy written charitable pledges of the decedent
irrespective of whether the pledges constituted binding
obligations of the decedent or were properly presented as
claims, if in the judgment of the personal representative the
decedent would have wanted the pledges completed under the
circumstances;
(5) If funds are not needed to meet debts and expenses
currently payable and are not immediately distributable,
deposit or invest liquid assets of the estate, including moneys
received from the sale of other assets, in federally insured
interest-bearing accounts, readily marketable secured loan
arrangements or other prudent investments which would be
reasonable for use by trustees generally;
(6) Acquire or dispose of an asset, other than land, for cash
or on credit, at public or private sale; and manage, exchange,
or change the character of an estate asset;
(7) Enter for any purpose into a lease for personal property
as lessor or lessee, with or without option to purchase or
renew, for a term within or extending beyond the period of
administration;
(8) Abandon personal property when, in the opinion of the
personal representative, it is valueless, or is so encumbered,
or is in such condition that it is of no benefit to the estate;
(9) Vote stocks or other securities in person or by general
or limited proxy;
(10) Pay calls, assessments, and other sums chargeable or
accruing against or on account of securities, unless barred by
the provisions relating to claims;
(11) Hold a security in the name of a nominee or in other
form without disclosure of the interest of the estate but the
personal representative is liable for any act of the nominee in
connection with the security so held;
(12) Insure the assets of the estate against damage, loss and
liability and himself against liability as to third persons;
(13) Borrow money with or without security to be repaid from
the probatable assets or otherwise; and advance money for the
protection of the estate;
(14) Effect a fair and reasonable compromise with any debtor
or obligor, or extend, renew or in any manner modify the terms
of any obligation owing to the estate. If the personal
representative holds a mortgage, pledge or other lien upon
property of another person, he may, in lieu of foreclosure,
accept a conveyance or transfer of encumbered assets from the
owner thereof in satisfaction of the indebtedness secured by
lien;
(15) Pay taxes, assessments, compensation of the personal
representative, and other expenses incident to the
administration of the estate;
(16) Sell or exercise stock subscription or conversion
rights; consent, directly or through a committee or other
agent, to the reorganization, consolidation, merger,
dissolution, or liquidation of a corporation or other business
enterprise;
(17) Allocate items of income or expense to either estate or
income or principal, as permitted or provided by law;
(18) Employ persons, including attorneys, auditors,
investment advisors, or agents, to advise or assist the
personal representative in the performance of his
administrative duties; act without independent investigation
upon their recommendation; and instead of acting personally,
employ one or more agents to perform any act of administration,
whether or not discretionary;
(19) Prosecute or defend claims, or proceedings in any
jurisdiction for the protection of the estate and of the
personal representative in the performance of his duties;
(20) Sell or mortgage any personal property or any interest
therein for cash, credit, or for part cash and part credit, and
with or without security for unpaid balances;
(21) Provide for exoneration of the personal representative
from personal liability in any contract entered into on behalf
of the estate;
(22) Satisfy, settle or compromise claims and distribute the
estate as provided by law.
395.270. When action against representative may be commenced.
Two (2) months must run after the date of the qualification
of the first personal representative of a decedent's estate
before an action shall be commenced against any executor or
administrator thereof except against an executor de son tort.
Any action brought in violation of this section shall be
dismissed with cost, except that an alleged creditor whose
claim has been denied in writing by the fiduciary may commence
action immediately after receipt of such denial.