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Unlike most other states, Kentucky utilizes the ?dower and curtesy? inheritance structure. If a spouse dies without a will, the spouse receives the dower share, but not the entire estate. Because of these laws, you'll want to consider a will to designate how you want your assets distributed, despite being married.
Filing Independently Download Kentucky's Form AOC-830. Locate the decedent's will and collect information regarding the estate's debts and assets. Fill out Form AOC-830. Get the form notarized ? if there are multiple surviving children who are filing, they must all swear and sign the petition before a notary.
If the estate is $30,000 or less, and there is no real estate, then either the surviving spouse, surviving child or a preferred creditor may file a petition to dispense with administration of probate.
KRS §395.450. This is known as dispensing with administration. A Petition to Dispense With Administration, which is form AOC-830, may be filed whether a person dies with or without a will, by the follow- ing individuals in the following priority: Surviving Spouse.
A Kentucky small estate affidavit, legally titled the 'Petition to Dispense with Administration' or Form AOC-830, can be used to avoid the hassles of probate while distributing the assets of a small estate.
Letters of testamentary allow the executor of an estate to serve as a personal representative on behalf of someone who has passed away when handling financial and other affairs in ance with state probate laws.
In Kentucky, having a will isn't what determines whether the probate courts must administer an estate. Instead, it's the size of the estate?the amount of assets?and how they're titled that controls the decision.
(1) The claimant may deliver or mail to the personal representative a written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed, or may file a written statement of the claim, in the form prescribed by rule, with the clerk of the court.