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Kentucky Small Estate Checker

Two different tracks skip full administration — one keyed to a $30,000 exemption, the other with no dollar cap at all but zero tolerance for debt.

KRS 391.030, 395.455, 395.470 FigureMyTax Editorial Team Free · no sign-up

By the FigureMyTax Editorial Team · Reviewed 2026 · How we calculate

Does this Kentucky estate qualify?

Answer a few questions to see which track likely fits.

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Likely path for this Kentucky estate
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Track one: the $30,000 exemption route

Confirmed current: under KRS 391.030, personal property or money on hand or in a bank up to $30,000 is exempt from distribution and set apart by the District Court for a surviving spouse, or surviving children if there's none. KRS 395.455 then lets the court dispense with administration once this exemption, alone or combined with paid preferred claims, equals or exceeds the distributable assets.

Not a bank-counter affidavit

Kentucky's shortcut isn't a sworn statement presented directly to a bank — it's a sworn petition filed with the District Court, asking a judge to formally dispense with administration. There's no waiting period tied to the date of death, and it works whether the decedent left a will or not.

Track two: no debt, no dollar cap, unanimous consent

KRS 395.470 offers a completely separate path with no dollar cap of its own: every beneficiary agrees in writing, under penalty of perjury, and creditors are notified by six weeks of posting and publication. It only works when the estate owes no debts, and provision must still be made for any Kentucky inheritance tax.

Neither track reaches the house

Both the exemption route and the unanimous-agreement route cover personal property and money only — real estate is never included in either, regardless of the estate's overall value.

Recent amendments broadened both tracks

Amendments effective July 15, 2026 expanded both the exemption route and the unanimous-agreement track, making each somewhat easier to use than under the prior version of the law.

Kentucky small estate — frequently asked questions

What is Kentucky's small estate exemption amount?

$30,000 in personal property or money on hand or in a bank, under KRS 391.030 — set apart by the District Court for a surviving spouse, or surviving children if there's no spouse.

Does Kentucky's small estate process work like a bank-facing affidavit?

No — it's a sworn petition filed with the District Court asking a judge to dispense with administration, under KRS 395.455, not paperwork presented directly to a bank.

Is there a separate small estate path when the estate owes no debts?

Yes — KRS 395.470 lets every beneficiary agree in writing, under penalty of perjury, to skip administration when there's no debt, with no dollar cap at all, though creditors must still be notified by six weeks of posting and publication.

Is there a waiting period after death for Kentucky's exemption route?

No — unlike many states, there's no waiting period tied to the date of death for the KRS 395.455 dispensing-with-administration route.

Can the $30,000 exemption route ever reach real estate?

No — it reaches only personal property and money, never real estate, regardless of the estate's total value.

Kentucky small estate tools & guides

Filed with the District Court in Jefferson, Fayette, Kenton, or the decedent's own county.

Kentucky Small Estate: How-ToFiling the petition, step by step Do I Need Probate in Kentucky?Why the house always needs its own path Transferring a Car in Kentucky Without ProbateUsing the county clerk's process Kentucky Probate Cost CalculatorIf this estate needs full administration Kentucky Probate Real Estate Sale CalculatorSelling the house instead

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on KRS 391.030, 395.455, 395.470. Actual eligibility depends on the estate's full facts. Confirm with the District Court or a licensed Kentucky attorney before acting.