Harlan County District Court Guide

Full Administration

Option

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.

✓ No attorney required

5 documents needed

Dispensing With Administration

Option

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)).

$30,000

3 documents needed

Dispensing By Agreement

Option

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.

4 documents needed