Understanding Which Assets to List on a Kentucky Small-Estates Affidavit
This FAQ-style guide explains how to decide what to include on a small-estates affidavit under Kentucky law, with practical examples and helpful next steps.
Short answer
List every asset that the deceased owned solely in their name at the time of death that you will need the affidavit to collect or transfer. Do not list assets that already pass automatically to someone else (for example joint accounts with right of survivorship, beneficiary-designated accounts, or property owned by someone else). If an asset has zero value or was already distributed, note that fact rather than leaving the line blank. When in doubt, collect documentation (titles, statements, deeds) before filling out the affidavit and consult the statute or a Kentucky probate attorney or the court clerk.
Detailed answer — what to include and what you can leave blank or show as zero
1) Start with ownership at death
Small-estates affidavits are designed to let an eligible person collect certain property of a decedent without formal probate. The key question is: who owned the property at the decedent’s date of death?
- Include: property owned solely by the decedent in their name (bank accounts titled only in the decedent’s name, personal property like jewelry, household goods, cash, accounts receivable owed to decedent, etc.).
- Do not include: property that passed automatically by operation of law or contract (joint tenancy with right of survivorship, payable-on-death (POD) or transfer-on-death (TOD) accounts, life insurance or retirement accounts that name a beneficiary, property titled in someone else’s name).
2) Include assets you need the affidavit to collect
The affidavit’s purpose is to allow a person to collect or transfer specific property without probate. Only list assets that a bank, title company, or other holder will accept the small-estates affidavit to release or transfer. Typical examples include:
- Bank or credit union accounts in the decedent’s sole name.
- Small sums owed to the decedent (unpaid wages, small debts owed to the decedent).
- Personal property such as vehicles, household goods, jewelry (note: vehicle transfers often require the county clerk or transportation cabinet procedures in addition to the affidavit).
3) How to handle accounts or property that may already have a beneficiary or co-owner
If an asset names a beneficiary or is held jointly, it generally does not form part of the small estate because it passes outside probate. Instead of listing it as an estate asset, indicate the reason it’s excluded (for example: “Joint account — passes to surviving joint owner” or “Life insurance — beneficiary named”). That prevents confusion and makes clear you didn’t overlook it.
4) When to put zero, when to write “N/A,” and when to leave blank
- Zero value: Use “$0” only when the item existed but had no monetary value at death (for example, an old vehicle worth nothing). That documents that you considered the item and found no value.
- “N/A” or an explanatory note: Use when the line does not apply (for example, a line for real property value when the decedent owned no real estate). Many courts prefer an explanatory note rather than leaving lines blank.
- Never leave lines blank: Leaving blanks can create uncertainty about whether you omitted information or intentionally left it out. Fill each relevant line with a value, “N/A,” or a short explanation.
5) Common categories and what most people do
- Bank accounts titled only in decedent’s name — list (attach recent statement).
- Cash on hand — list actual cash amount or “$0” if none.
- Vehicles — list if titled solely in decedent’s name and you need the affidavit to transfer title; show value or note if transferred already.
- Real estate — many small-affidavit procedures exclude real property or have a separate procedure; check whether real estate should be listed in your county before including. If you list it and its value is zero, explain why.
- Life insurance / retirement accounts — do not list as estate property if a beneficiary is named; instead note the beneficiary and policy/account number.
- Jointly owned items — note the joint owner and the survivorship rule rather than listing them as estate assets.
- Debts and claims against the estate — list only if the affidavit form requests them; do not deduct debts from asset lines unless the form specifically requires net value.
6) Documentation to gather before you file
Collect and attach copies of documents for each asset you list: account statements, title certificates, deeds, paid bills, insurance policies, and any beneficiary designation forms. Institutions will usually require proof before releasing property on an affidavit.
7) Local rules and dollar thresholds
Kentucky law and local court rules set eligibility and dollar limits for using a small-estates affidavit. Those limits and the exact affidavit form may vary. Start with the Kentucky Revised Statutes and the Kentucky Court of Justice forms and instructions; if you are near the threshold or the estate includes complex assets (real estate, business interests, tax issues), consult the county clerk or a probate attorney.
General statute and court resources: Kentucky Revised Statutes — https://apps.legislature.ky.gov/statutes/ and Kentucky Court of Justice (probate/self-help forms) — https://www.courts.ky.gov/
8) Practical example (hypothetical)
Hypothetical facts: Jane Doe died owning a checking account in her sole name with $4,200, a car titled solely in her name worth $1,200, a joint savings account with her adult child, and a life insurance policy naming a sibling as beneficiary.
- List the checking account and attach the bank statement.
- List the car and attach the vehicle title; include the vehicle value ($1,200) — or if it had no value, write “$0” and explain.
- Do not list the joint savings account as an estate asset; note that it is jointly owned and passes to the joint owner.
- Do not list the life insurance policy as an estate asset; note the beneficiary and policy number.
9) When to get help
Seek advice from the county clerk’s probate office or a Kentucky probate attorney if any of the following apply:
- The estate approaches the statutory dollar limit for small-estate procedures.
- There is real property, a business interest, or complex title issues.
- Multiple people claim the same asset or you suspect fraud.
- Creditors or taxes may be an issue.
Helpful Hints
- Read the exact affidavit form before filling it out. The form tells you what must be listed and what supporting documents to attach.
- Document everything: when you requested a statement, who you spoke to at the bank, and what they required for release.
- Use clear short explanations (e.g., “Joint account — POD to John Smith”) instead of leaving lines blank.
- Attach copies of titles, statements and beneficiary designation pages rather than originals unless the holder specifically requires an original.
- If the estate includes a vehicle, contact the county clerk or transportation cabinet office to confirm transfer steps required in addition to the affidavit.
- When values are estimates, note that they are estimates and how you calculated them (market listing, appraisal, recent sale of similar items).
- When in doubt, ask the institution (bank, title agency) whether they will accept the small-estates affidavit for a specific asset before you file it with the court.