FAQ: How to submit an affidavit accounting for personal property in a small estate case in Kentucky

Short answer: In Kentucky, when the decedent’s estate qualifies as a small estate, an interested person (usually a surviving spouse, heir, or other close relative) may use a sworn affidavit that lists the decedent’s personal property and states who is entitled to it. You must prepare a clear affidavit, attach required proof (for example, the death certificate), have the affidavit notarized, and file or deliver it according to local probate-court rules and any statutory requirements. Whether the affidavit will transfer title or allow a bank to release funds depends on the type and value of property and the recipient’s relationship to the decedent.

Detailed answer — step by step (what to do and why)

Below is a practical, step-by-step approach for preparing and submitting an affidavit accounting for personal property in a Kentucky small estate matter. This is a general guide; you should check the current Kentucky statutes and your county probate court rules for details and any filing fees.

1. Confirm the estate qualifies as a “small estate” in Kentucky

Kentucky law sets limits and procedures for small estates or simplified collections. The dollar threshold, what counts as “personal property,” and the exact procedure can change. Start by checking the Kentucky Revised Statutes and local probate-court resources. Use the Kentucky Legislature statute search and the Kentucky Court of Justice resources to verify current limits and requirements:

Kentucky Revised Statutes: https://apps.legislature.ky.gov/law/statutes/
Kentucky Court of Justice (probate/self-help): https://kycourts.gov/

2. Identify who may use the affidavit

Typically an heir, surviving spouse, personal representative (if one was appointed), or a person entitled to specific property may sign the affidavit. The affidavit must be sworn and usually notarized. If another person has been appointed as estate administrator or if a probate proceeding is already open, the procedure may differ.

3. Gather required documents and information

Common attachments and items to collect before drafting the affidavit:

Certified copy of the decedent’s death certificate.
Photo ID for the person signing the affidavit.
List of the decedent’s personal property to be collected or transferred (bank accounts, vehicles, household goods, jewelry, pay-on-death assets, etc.), with approximate values.
Any original documents that establish ownership or beneficiary designations (e.g., account statements, vehicle title, beneficiary forms).
Information showing the affiant’s relationship to the decedent (marriage certificate, birth certificate, or a simple statement of relationship).

4. Draft the affidavit — what it should say

An affidavit accounting for personal property should be concise and contain the key facts courts and third parties expect to see:

Full name, date of death, and last address (domicile) of the decedent.
Affiant’s name, address, and relationship to the decedent and a statement that the affiant is authorized or entitled to collect the listed property.
A list of the personal property being claimed, with reasonable descriptions and approximate values. Identify accounts or items by account number or title description when possible.
An oath that the estate administration has not been opened (or note if an administration is open) and that no personal representative has been appointed, if that is true.
A statement that, to the affiant’s knowledge, there are no outstanding claims that would make the property unavailable for transfer, or a short description of known debts.
Signature block for the affiant and a notary acknowledgment (signature, date, notary seal).

Many Kentucky counties and the Kentucky Administrative Office of the Courts provide sample forms or templates (search local county probate court forms). Where a specific statutory form exists, use it.

5. Notarize and attach proof

Sign the affidavit in front of a notary public and attach a certified copy of the death certificate. Attach any other documents that support the claim (account statements, title, beneficiary designation). Keep originals but present copies unless the claimant requires originals.

6. File or deliver the affidavit

Depending on the type of property and the institution holding it:

Bank accounts and financial institutions: Present the notarized affidavit, the death certificate, and the affiant’s ID to the bank or financial institution. Banks often have internal rules about accepting small-estate affidavits and may require additional documentation.
Vehicle titles: For vehicles, present the affidavit and the title to the county clerk or Transportation Cabinet as required. There may be a separate vehicle-title affidavit procedure.
Personal property (household goods, jewelry): If transferring to heirs, present the signed affidavit and agree in writing who receives which items. For high-value items, consider a short written receipt signed by recipients.
Filing with the probate court: In some cases you should file or record the affidavit with the county probate court (or deliver a copy) to protect against later claims. Check your county’s probate office for filing rules and fees.

7. Notice and potential objections

If the law requires notice to creditors or other heirs, follow that rule before distributing property. If someone objects (claiming a different entitlement or that an administration should be opened), the dispute may require court resolution and you should consult an attorney.

8. Keep records

Keep copies of the affidavit, attachments, proofs of delivery, receipts, and any correspondence. Good records protect both the affiant and recipients if questions arise later.

Hypothetical example

Mary (surviving spouse) lives in Jefferson County, KY. Her spouse, John, died owning a checking account with $6,000 and a car titled in his name. Mary checks the Kentucky small-estate rules and confirms the estate qualifies. She drafts a notarized affidavit naming John, his date of death, her relationship as spouse, and that she is entitled to collect the listed personal property: the bank account (identify bank and last four digits) and the vehicle (year, make, VIN). She attaches a certified death certificate and a copy of John’s driver’s license, then takes the affidavit to the bank and the county clerk (or follow the bank’s and county’s procedures). The bank releases the funds after reviewing Mary’s affidavit and ID; the county clerk accepts the affidavit and assists with transferring the vehicle title per local rules.

When you should consider getting an attorney

Someone contests who is entitled to the property.
There are significant debts, creditors, or unresolved taxes.
The estate may not actually qualify as a small estate under Kentucky law.
There are complicated assets (real estate, business interests, retirement accounts with beneficiary disputes).

Relevant Kentucky resources

Kentucky Revised Statutes — statute search and text: https://apps.legislature.ky.gov/law/statutes/
Kentucky Court of Justice (probate information, forms, county contacts): https://kycourts.gov/
Contact your county probate court clerk (search county pages on the Kentucky Court of Justice site for local filing requirements and forms).

Helpful Hints

Before distributing assets, verify the small-estate dollar threshold and statutory conditions in Kentucky so you don’t inadvertently deprive creditors or other heirs of their rights.
Use clear item descriptions: include account numbers (last 4 digits), VINs for vehicles, make/model/year, and approximate values to avoid confusion.
Keep at least one certified death certificate; many institutions require an original certified copy.
Ask financial institutions in advance what proof they require; banks and brokerages vary in documentation they accept.
When in doubt about disputes or larger-dollar assets, consult an attorney experienced in Kentucky probate and estate matters.

Disclaimer: This article explains general information about Kentucky small-estate affidavits and is not legal advice. Laws change and each case is different. For advice about your specific situation, contact a licensed attorney in Kentucky or your local probate court.