The process of contesting a will in Lexington, Kentucky is more than a matter of submitting the proper paperwork to the Fayette County Clerk’s office by the required deadlines. Once the criteria is met and the forms are submitted, the parties may begin the process of disputing or outright rejecting the submission of a will to county records, and action in the circuit court can proceed once all paperwork has been processed.
The Legal Process
The request of contesting a will Lexington must be made to the circuit court within two years after the court’s initial acceptance of the original will. This deadline must be met or no contest can be made.
In addition to filing with the circuit court, you must also file a notice of action with the Fayette County Clerk or the respective county clerk to whom the district court originally admitted the will.
When contesting a will in Lexington, the notice of action must include numerous pieces of information, including:
- The name of the testator (deceased).
- The style and nature 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 date on which the action was commenced.
- The notice must be signed by the plaintiff or his attorney. The signature does not have to be acknowledged or notarized.
Do I Need An Attorney?
It would be in your best interest to seek legal counsel when proceeding with this action. Simply failing to submit the correct paperwork or missing a deadline is enough to derail an entire case.
Also, swift and precise action is the best way to contest a will. Although the courts require that all forms must be submitted within two years of the original acceptance of the will, action should be taken as soon a possible to prevent the executor from dividing up the estate and distributing assets to parties. Once the will is contested, you can prevent the executor from dividing the assets.
Count on the Wiggins & Hall Law Group, LLC
At Wiggins and Hall, we will represent your case and your interests with extreme precision and care. By working with us, we will help you meet the deadlines required by the state, giving you the best chance of obtaining your desired outcome.
For more information on how to contest a will in Lexington, or to have use review your case, give us a call at (888) 474-0703.