In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.
For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.
And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.
Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.
In Kentucky, the law provides a simplified process for administering small estates through the use of a 'small estate affidavit' or a 'dispense with administration' procedure. If the total value of the personal estate of the deceased, after debts are paid, does not exceed $15,000, the beneficiaries may use the small estate affidavit to collect the assets without formal probate. This affidavit is signed by the beneficiaries and two disinterested witnesses and presented to the institution or person holding the assets. Additionally, Kentucky law allows for a summary administration process for small estates, which is a more streamlined court procedure than regular probate. This process can be used when the value of the estate is small enough to qualify under state law and involves filing a petition with the probate court. The court may then issue an order for distribution of the assets to the rightful heirs. It is important to consult with an attorney to understand the specific requirements and to ensure that the process is handled correctly according to Kentucky statutes.