Kentucky Small Estate Affidavit | Affidavit of Heirship

If a person living in Kentucky dies without a will, the family or other successors may file either an affidavit of heirship to collect the personal property of the decedent, or a small estate affidavit to collect the decedent’s real estate. Kentucky defines a “small estate” as real estate or personal property – such as bank accounts – valued less than $15,000. If the family wishes to avoid probate court, they can file either affidavit within 2 years of the decedent’s passing and divide the property as they see fit.

Affidavit of Heirship: Successors may file for their deceased loved one’s personal property in Kentucky by submitting a completed affidavit of heirship. This includes bank accounts, vehicles, retirement accounts, heirlooms, and other personal property.

Small Estate Affidavit: If a Kentucky resident passes away, successors of the decedent may file a small estate affidavit to claim the decedent’s real estate property, as long as the property values at $20,000 or less.



Adobe PDF | Microsoft Word (.doc)

Per Kentucky’s statute KRS 382.335 & 382.240, successors may file for their deceased loved one’s personal property – such as bank accounts, 401(k)’s, and even final paychecks – by submitting a completed affidavit of heirship. The decedent’s estate may not exceed $15,000, or it will go automatically to probate court…

Adobe PDF | Microsoft Word (.doc)

If a Kentucky resident passes away, according to the state’s statute §395.455, successors of the decedent may file a small estate affidavit to claim the decedent’s real estate property. The land or home must be valued at less than $20,000, and the successors must file within the county where the…