A History Of Growing Trust In Kentucky

How long do creditors have to make a claim during probate?

On Behalf of | Jul 10, 2023 | Probate & Estate Administration

The estate administration process creates numerous obligations for the executor or personal representative of the estate. Their responsibilities will include providing notice to creditors so that they can make a claim as required by Kentucky state law and then paying the valid debts presented in order of priority. 

The claims made by creditors will diminish the total value of the estate, and the distribution of assets may need to wait until creditors have had an opportunity to make a claim in probate court. Beneficiaries may therefore worry that there won’t be much left of their inheritance once every creditor has sought repayment. 

How long will beneficiaries have to wait for creditors to present their claims? 

Eight months is usually the longest wait possible

There are three different deadlines that may apply to creditors filing a claim against an estate in Kentucky probate court. The personal representative of the estate needs to initiate the probate process by filing papers with the court. They will also need to send written notices to known creditors and put notices of the estate administration in local papers. 

The kind of notice the creditor receives determines how long they have to bring a claim. Known creditors who receive written notice about the probate proceedings generally only have 60 days to submit a claim to the courts. Otherwise, creditors either have eight months from the death of the decedent or six months from the date the probate courts appoint the executor to make a claim. 

Creditor claims presented after those deadlines pass will generally not result in payment. Understanding the rules that apply to Kentucky estates can help beneficiaries better understand what to expect from the process and representative fulfill their responsibilities with less risk of a major oversight.