[KY] How do I handle my deceased mother's small estate?
24
9
In Kentucky, a small estate affidavit—also known as a Petition to Dispense with Administration—can be used to distribute the assets of a deceased person (decedent) with a value of $30,000 or less, even without a will. This process streamlines the transfer of assets to the surviving spouse, children, or a preferred creditor, potentially avoiding the full probate process.
Upvote if this is a clear answer
Downvote if this is not a clear answer
Create DocumentFull Conversation
My mom passed away in March. She had no assets other than her checking account. She has a little over $2,000 in that account, and I have a check for a little over $1,800 for an overpayment on her nursing home. I was her POA. She had a living will but no will that named an executor or executrix. I just want to be able to cash this check and close her checking account without too much legal expense and hassle. I was told that I would need to have her will admitted to probate and be sworn in as Executrix, then open a checking account in the name of her estate, just to be able to cash the check.
I’m sorry to hear about the passing of your mom. Were you able to locate her living will document?
I have the living will.
Do you know if there are any outstanding debts or bills that need to be settled from your mom’s estate?
No debts or bills.
Is there anything else the Estate Lawyer should know before I connect you? Rest assured they’ll be able to help with probating your mom’s estate.
I was told I would have to have a will admitted to probate and then be sworn in as Executrix, then open a checking account in the name of her estate, just to be able to cash the check.
My name is Jessica, and I am a licensed attorney who will be assisting you with your question. I am reviewing your question and will provide a response momentarily. You may receive a prompt for a telephone consultation. This is an additional service offered, and you may decline the offer. Depending on your issue, some customers prefer a telephone consultation to better understand their situation and possible solutions. I am so sorry for your loss. What state was your mother a permanent resident of?
Kentucky.
In Kentucky, a small estate affidavit—also known as a Petition to Dispense with Administration—can be used to distribute the assets of a deceased person (decedent) with a value of $30,000 or less, even without a will. This process streamlines the transfer of assets to the surviving spouse, children, or a preferred creditor, potentially avoiding the full probate process.
Here is the form: Petition to Dispense With Administration
I fill this out and file it with which court?
The completed and notarized petition is filed with the District Court in the county where the decedent resided.
I am on her bank account as POA. Will I have to do anything to be able to deposit the check into her account and then close the account?
The account will need to be listed on the affidavit that is filed with the court in order to be closed.
On this form, am I the Petitioner AND the Surviving Child?
Correct.
It also has a spot for an attorney signature. Do I have to have an attorney?
An attorney is not required to sign.
Anything else you think I should know or consider?
How long should it take? I live in a different state than she did.
Usually less than 60 days.
OK. Thanks for your help.
I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.
