Kentucky Sample Letter for Estate Administration
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FAQ
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.
The first step is to locate the deceased person's original will. The second step is to file a petition, using form AOC-805, which asks the District Court judge to admit the will to probate and to appoint an execu- tor to administer and settle the decedent's estate. KRS §§394.140, 394.145.
Probate for Estates with Assets Under $30,000 This type of Probate Court is often called ?Small Estate Administration.? In Kentucky it is known as a Petition to Dispense with Administration.
Is Probate Necessary? Probate is not always necessary, but it may be desirable to prevent problems and fraud. In Kentucky, estates with greater than $30,000 in probate assets are typically subject to probate and must be administered through the probate courts.
The first step is to locate the deceased person's original will. The second step is to file a petition, using form AOC-805, which asks the District Court judge to admit the will to probate and to appoint an execu- tor to administer and settle the decedent's estate.
How to File a Petition to Dispense with Administration of a Probate Estate 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.
The estate has a low value If a person dies with an estate worth $15,000 or less, and the only people inheriting from the estate are a spouse and/or children, the court can dispense with administration.
The Creditors' Claim Period The decedent's creditors have six months from the date of the Fiduciary's appointment to present their claims either to the court or to the Fiduciary (or the Fiduciary's lawyer). This means all probate estates must be open for at least this six-month notice period.
