How to Avoid Probate in Kentucky
The legal ways to pass property outside probate in Kentucky: transfer-on-death deeds, payable-on-death accounts, trusts, joint ownership and small estates.
Short answer: Non-probate options include: payable-on-death bank accounts and other written transfer-on-death or beneficiary provisions in accounts, securities agreements, insurance, retirement plans, trusts and deeds of gift, which are nontestamentary (KRS 391.300-391.360); KRS 391.360, 391.340, 186A.037, 395.455
| Ways to avoid probate | Non-probate options include: payable-on-death bank accounts and other written transfer-on-death or beneficiary provisions in accounts, securities agreements, insurance, retirement plans, trusts and deeds of gift, which are nontestamentary (KRS 391.300-391.360); a revocable living trust (KRS Chapter 386B); and, for small estates, the $30,000 spouse/children exemption with an order dispensing with administration (KRS 391.030, 395.455). A vehicle transfer-on-death beneficiary designation becomes available January 1, 2028 (KRS 186A.037). KRS 186A.037 is effective January 1, 2028 and lets an owner name one beneficiary on a Transportation Cabinet form. |
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| Small estate affidavit | Kentucky has no small estate affidavit. Instead, the surviving spouse (or, if there is none, the surviving children) may ask the District Court to set apart up to $30,000 of personal property or money as exempt. If that exemption, together with preferred claims paid, equals or exceeds the estate's distributable assets, the court may dispense with administration and order the assets transferred. Before the exemption is set apart, the surviving spouse may petition for an order allowing withdrawal of up to $2,500 of the estate's money from a bank (KRS 391.030(2)). Source: KRS 391.030, 395.455 |
More Kentucky estate law
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- Small Estate Affidavit in Kentucky
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- Who Inherits If You Die Without a Will in Kentucky
- How to Make a Valid Will in Kentucky
- How Probate Works in Kentucky
- Living Wills and Advance Directives in Kentucky
- Revocable Living Trusts in Kentucky
- Executor Duties in Kentucky
- Letters Testamentary in Kentucky
- Affidavit of Heirship in Kentucky
- Transferring a Car After Someone Dies in Kentucky
- All Kentucky wills, probate and estate rules
FAQ
How can you avoid probate in Kentucky?
Non-probate options include: payable-on-death bank accounts and other written transfer-on-death or beneficiary provisions in accounts, securities agreements, insurance, retirement plans, trusts and deeds of gift, which are nontestamentary (KRS 391.300-391.360); a revocable living trust (KRS Chapter 386B); and, for small estates, the $30,000 spouse/children exemption with an order dispensing with administration (KRS 391.030, 395.455). A vehicle transfer-on-death beneficiary designation becomes available January 1, 2028 (KRS 186A.037).
What is the small estate limit in Kentucky?
Kentucky has no small estate affidavit. Instead, the surviving spouse (or, if there is none, the surviving children) may ask the District Court to set apart up to $30,000 of personal property or money as exempt. If that exemption, together with preferred claims paid, equals or exceeds the estate's distributable assets, the court may dispense with administration and order the assets transferred.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.