Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In Kentucky, a small estate affidavit lets eligible individuals claim certain estate assets without formal probate. Under KRS 396.025, you can use this process when the decedent’s real property does not exceed $100,000 and personal property does not exceed $15,000 in value at death.
To complete a small estate affidavit, gather the following documents:
- Certified death certificate: Obtain an official copy from the Kentucky Office of Vital Statistics.
- Small estate affidavit form: Use a local or statewide template that meets the requirements in KRS 396.025(9). The form must include the decedent’s full name, date of death, last address, asset values, and affiant’s relationship.
- Asset documentation: Collect recent bank and brokerage statements, vehicle titles, deeds, and other records showing ownership and current value.
- Proof of heirship or beneficiary status: Provide certified birth or marriage certificates, or an affidavit of familial relationship.
- Copy of any will: If a will exists, attach a copy and state whether it has been admitted to probate.
- Affiant’s identification: Include a valid Kentucky driver’s license or state ID.
- Creditor information: List known creditors and confirm no probate administration has started.
After assembling these documents, file the affidavit and supporting records with the county or circuit court clerk in the county where the decedent resided. Pay any required filing fee. Once the court clerk approves the affidavit, present it to banks, title companies, or other asset holders to claim or transfer the assets.
Helpful Hints
- Verify total asset values do not exceed the limits in KRS 396.025.
- Check your local court clerk’s website for approved affidavit templates or sample forms.
- Keep original documents and make certified copies for filing and asset holders.
- Notify known creditors to prevent future claims against the estate.
- File promptly; some assets may require timely claims.
- Consider consulting an attorney if the estate’s value approaches statutory limits or if disputes arise.