Kentucky: How to Determine Whether a Bank Account Falls Under the $20,000 Small‑Estate Limit

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

Short answer: To determine whether a decedent’s bank account(s) fall under Kentucky’s $20,000 small‑estate limit, you must (1) identify which accounts and other personal property are legally part of the estate as of the date of death, (2) find the balance(s) as of the date of death (including pending items that affect that balance), and (3) add together the estate assets that count toward the small‑estate threshold. If the total qualifying personal property is $20,000 or less, Kentucky’s simplified small‑estate/affidavit procedures may be available. This article explains how to do that step by step.

What counts toward the $20,000 small‑estate limit?

Not every asset connected to a deceased person is included when you calculate whether the estate qualifies for the small‑estate process. Common rules to apply in Kentucky:

  • Include: bank account balances and cash that belonged solely to the decedent, personal property (furniture, vehicles) and other tangible personal property that must pass through probate rather than by beneficiary designation.
  • Exclude: funds in accounts that pass automatically outside probate, such as accounts titled jointly with rights of survivorship (these typically pass to the surviving joint owner), payable‑on‑death (POD) / transfer‑on‑death (TOD) accounts, life insurance and retirement accounts that have a designated beneficiary, and property already held in a trust that names beneficiaries.
  • Debts do not reduce the statutory threshold calculation in the same way in every state; in practice you are trying to establish the gross amount of personal property subject to the small‑estate process. If you are unsure how to treat a particular item (for example, whether an account is truly joint or was merely listed as such), ask the bank and consider legal advice.

How to find the balance as of the date of death (practical steps)

  1. Gather account identifiers: list all banks, account numbers (or last 4 digits), and branch/online institutions where the decedent held accounts.
  2. Obtain a certified copy of the death certificate: banks generally require a death certificate before discussing or releasing information about a decedent’s accounts.
  3. Check online banking and statements: log in (if you have authorized access) or collect printed/emailed statements around the date of death. The balance on the statement that includes the date of death is often the easiest starting point.
  4. Ask the bank for an official balance as of date of death: call or visit the bank with the death certificate and identification. Request a written “balance verification” or “account statement showing transactions through [date of death].” Ask the bank to confirm whether any transactions were pending that would change the balance (pending deposits, automatic transfers, outstanding checks, fees).
  5. Confirm ownership type: verify how the account is titled (solely in the decedent’s name; joint with survivorship; POD/TOD; trust). If the bank has account paperwork showing POD or named beneficiaries, those funds typically do not count toward the small‑estate total.
  6. Include amounts from all qualifying accounts: add balances of accounts that are solely the decedent’s and otherwise subject to probate. Do not include accounts that pass outside probate via POD/TOD/beneficiary/ trust or joint survivorship (but confirm with the bank).
  7. Document everything: keep copies of statements, the bank’s written balance confirmations, the death certificate, and notes from phone calls (date, person spoken to, summary).

Simple hypothetical example

Suppose the decedent had three accounts:

  • Account A (solely in decedent’s name): $12,500 as of date of death
  • Account B (POD to named beneficiary): $8,000 (passes directly to beneficiary; excluded)
  • Account C (joint with daughter, right of survivorship): $4,000 (passes to joint owner; excluded)

Only Account A counts toward the small‑estate threshold. Total qualifying property = $12,500, which is under $20,000 — so the small‑estate affidavit process may be available for collecting that property.

What if the combined qualifying balance is over $20,000?

If the total of qualifying personal property exceeds $20,000 you generally cannot use the small‑estate affidavit and must pursue formal probate administration under Kentucky law. If you are very close to the limit, check carefully whether any accounts are actually excluded (POD, beneficiary, trust, or joint survivorship). If uncertainty remains about account ownership or the treatment of a particular asset, consult a probate attorney.

Where to check Kentucky law and local procedures

Kentucky has simplified procedures and forms for collecting small estates; the Kentucky Court of Justice provides probate self‑help information and forms. For the governing statutes and official forms, see the Kentucky Court of Justice probate resources: Kentucky Court of Justice — Probate & Small Estates. For the full text of Kentucky statutes, visit the Kentucky Legislature’s website: Kentucky Legislature.

Important: banks sometimes have internal policies that differ slightly about what they will release or accept. Even if the statutory threshold is met, individual financial institutions may request additional documentation before turning over assets (for example, affidavits, identification, or a court document). Keep written records of the bank’s instructions.

Next practical steps checklist

  • Get certified copies of the death certificate.
  • Make a quick inventory of accounts and how each is titled.
  • Collect the most recent statements and check online balances for each account around the date of death.
  • Contact each bank with the death certificate and ask for: (a) a written balance as of the date of death, and (b) written confirmation of the account type/titling (sole, joint, POD, trust).
  • Add the balances of accounts that are solely the decedent’s and otherwise subject to probate.
  • Compare the total to the $20,000 threshold. If under the limit, review the small‑estate affidavit form and instructions from the Kentucky Court of Justice; if over, consult a probate attorney about opening formal administration.

When to get help from an attorney

Consider consulting a Kentucky probate attorney if any of the following apply:

  • Account ownership is disputed or unclear (joint vs. convenience vs. survivorship).
  • There are significant debts, creditor claims, or liens attached to accounts.
  • The estate is near the $20,000 threshold and classification of assets is uncertain.
  • Financial institutions refuse to release funds despite an affidavit or you need help preparing the affidavit or filing the necessary papers.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It does not create an attorney‑client relationship. For advice about your specific situation under Kentucky law, contact a licensed attorney or the Kentucky Court of Justice probate self‑help resources.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.