Carroll County District Court Guide

Kentucky has no fixed-dollar out-of-court small-estate affidavit. Its small-estate path is a District Court ORDER dispensing with administration under KRS 395.455: where the surviving spouse's or children's exemption under KRS 391.030 (currently $30,000; $15,000 for deaths before July 15, 2020), alone or together with preferred claims, equals or exceeds the distributable assets, the court may dispense with administration and order the assets transferred to the surviving spouse (or, if none, the surviving children, or a person the spouse designates). It is filed in the same District Court (form AOC-830). A surviving spouse may also obtain a court order to withdraw up to $2,500 from a bank before the exempt property is set apart (KRS 391.030(2)). The $30,000 figure is a flat statutory amount, not annually adjusted. Verify eligibility with the court or an attorney.

Qualifies:

$30,000

Administration of a testate or intestate estate of ANY size may be dispensed with by written agreement of all beneficiaries entitled to the personal estate when there are no debts owing by the estate, the beneficiaries have advertised for creditors (posting at the courthouse for six weeks and publishing under KRS Chapter 424), and provision has been made for the state inheritance tax and any federal estate tax (KRS 395.470). The agreements are filed in the District Court with a motion. The court may require a surety bond for creditors who appear within six months. This is a no-dollar-cap agreement path, distinct from the $30,000 exemption path. Verify eligibility with the court.

Qualifies:

Smaller estates that meet the state limit

The personal representative (executor with a will, administrator without) is appointed by the District Court, files an inventory within 90 days of qualifying (KRS 395.250), addresses creditor claims during the six-month claim period, pays valid claims and taxes, and closes by filing a settlement. Kentucky administration is supervised by the District Court; there is no separate UPC-style informal or unsupervised track. No bond is required of a personal representative by default (KRS 395.130). Verify local practice with the court.

Qualifies:

Larger estates, or when no simplified option fits

Filing fee:

$50

source

The personal representative (executor with a will, administrator without) is appointed by the District Court, files an inventory within 90 days of qualifying, addresses creditor claims during the six-month claim period, pays valid claims and taxes, and closes by filing a settlement with the court. Kentucky administration is supervised by the District Court; there is no separate UPC-style unsupervised or informal track.

Attorney:

not required by law, though many families use one

No bond is required of a personal representative by default (KRS 395.130); the court may order one for a public administrator or curator or in its discretion.

Kentucky's small-estate path is a District Court ORDER dispensing with administration, not a fixed-dollar out-of-court affidavit. Under KRS 395.455, where the surviving spouse's or children's exemption under KRS 391.030 (currently $30,000; $15,000 for deaths before July 15, 2020), alone or together with preferred claims paid, equals or exceeds the distributable assets, the court may dispense with administration and transfer the assets to the surviving spouse (or, if none, the surviving children, or a person the spouse designates). The court may also order that no letters issue and, in a testate estate, that the will be probated only (KRS 395.455(2)).

Qualifies:

$30,000

The effective ceiling tracks the KRS 391.030 exempt-property amount, which is banded by date of death ($15,000 before July 15, 2020; $30,000 on or after). KRS 395.455 was amended effective July 15, 2026 (2026 Ky. Acts ch. 134). A surviving spouse may also obtain a court order to withdraw up to $2,500 from a bank before the exempt property is set apart (KRS 391.030(2)).

Administration of a testate or intestate estate of any size may be dispensed with by written agreement of all beneficiaries entitled to the personal estate when there are no debts owing by the estate, the beneficiaries have advertised for creditors (posting at the courthouse for six weeks and publishing under KRS Chapter 424), and provision has been made for the state inheritance tax and any federal estate tax (KRS 395.470). The agreements are filed in the District Court with a motion. The court may require a surety bond for creditors who appear within six months of the order.