Kentucky Probate Types: Dispensing With Administration vs Full Administration
Kentucky probate runs through the District Court in the county where the person lived. The first question is whether the estate is small enough to dispense with administration, or can be settled by agreement, or whether a personal representative has to be appointed for a full administration.
Compare eligibility, timing, court involvement, and local verification points
How to Compare Kentucky Probate Types
Kentucky does not use the informal and formal tracks of the Uniform Probate Code, and it has no out-of-court small estate affidavit. Either the estate qualifies to dispense with administration, or a personal representative is appointed and the estate is fully administered under District Court supervision. With a will the court issues letters testamentary to the named executor. Without one it appoints an administrator and issues letters of administration.
The dollar test comes first. Under KRS 395.455 the court may dispense with administration when the surviving-spouse-and-children exemption of KRS 391.030, currently $30,000, alone or together with preferred claims paid, equals or exceeds the distributable assets. A larger estate with no debts can instead be closed by unanimous written agreement of the beneficiaries under KRS 395.470. Everything else opens as a full administration. The court cost to open a case is a flat $50 probate filing fee plus a $20 court technology fee, uniform across all 120 counties.
Dispensing With Administration vs Full Administration at a Glance
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| Category | Dispensing With Administration | Full Administration | Winner |
|---|---|---|---|
| Small probate estate | A KRS 395.455 order dispenses with administration and transfers the exempt property, often with no letters issued | A full administration appoints a personal representative, who inventories the estate and settles it with the court | Dispensing With Administration |
| Estate size | The order tracks the $30,000 exemption; the agreement path has no cap but needs no debts and unanimous consent | No dollar cap on a full administration | Dispensing With Administration |
| Real estate | The exemption and order reach personal property and money only | A full administration transfers Kentucky real estate through the estate | Full Administration |
| Court costs | The petition carries the same $50 probate fee plus $20 court technology fee, about $70 | The same about $70 to open, or about $90 with the sheriff service of process fee | Tie |
| Creditors and disputes | Dispensing with administration suits clean, low-debt estates and gives no separate creditor cutoff by publication | A full administration starts the six-month creditor bar from appointment and adds court review of the settlement | Full Administration |
Main Kentucky Probate Options
| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney | Best For |
|---|---|---|---|---|---|---|
Dispense With Administration KRS 395.455 | The KRS 391.030 exemption, currently $30,000 ($15,000 for a death before July 15, 2020), alone or with preferred claims paid, equals or exceeds the distributable assets. Personal property and money only. | About $70 ($50 probate fee plus $20 court technology fee) | Weeks; the court orders the transfer if satisfied, and no letters need issue | No, personal property and money only | No statewide requirement | Small estates within the exemption, with no Kentucky real estate to transfer |
Dispense By Agreement KRS 395.470 | No dollar cap. Available when the estate has no debts, all beneficiaries entitled to the personal estate agree in writing, the beneficiaries advertise for creditors, and provision is made for the inheritance and any federal estate tax. | About $70; publication and any surety bond are extra | Set by the creditor advertisement, six weeks of posting and publication, before the court order | Handled through the agreement and any deed; confirm title work with counsel | No statewide requirement; often used with counsel | A larger estate with no debts and beneficiaries who all agree in writing |
Full Administration With a Will KRS Chapter 395 (letters testamentary) | No dollar cap; used when there is a valid will and the estate does not qualify to dispense with administration | About $70, or about $90 with the $20 sheriff service of process fee | Several months or longer; claims are barred six months after the personal representative is appointed | Yes | No statewide requirement; commonly used for larger estates | Testate estates that need an executor with letters to collect assets, handle creditors, and transfer property |
Full Administration Without a Will KRS Chapter 395 (letters of administration) | No dollar cap; used when there is no will and the estate does not qualify to dispense with administration | About $70, or about $90 with the $20 sheriff service of process fee | Several months or longer; an inventory is due within 90 days of qualifying (KRS 395.250) | Yes | No statewide requirement; commonly used for larger estates | Intestate estates that need an administrator with letters to pay debts and distribute property under KRS Chapter 391 |
Dispense With Administration
KRS 395.455
Small estates within the exemption, with no Kentucky real estate to transfer
Threshold: The KRS 391.030 exemption, currently $30,000 ($15,000 for a death before July 15, 2020), alone or with preferred claims paid, equals or exceeds the distributable assets. Personal property and money only.
Filing Fee: About $70 ($50 probate fee plus $20 court technology fee)
Timeline: Weeks; the court orders the transfer if satisfied, and no letters need issue
Real Estate: No, personal property and money only
Attorney: No statewide requirement
Dispense By Agreement
KRS 395.470
A larger estate with no debts and beneficiaries who all agree in writing
Threshold: No dollar cap. Available when the estate has no debts, all beneficiaries entitled to the personal estate agree in writing, the beneficiaries advertise for creditors, and provision is made for the inheritance and any federal estate tax.
Filing Fee: About $70; publication and any surety bond are extra
Timeline: Set by the creditor advertisement, six weeks of posting and publication, before the court order
Real Estate: Handled through the agreement and any deed; confirm title work with counsel
Attorney: No statewide requirement; often used with counsel
Full Administration With a Will
KRS Chapter 395 (letters testamentary)
Testate estates that need an executor with letters to collect assets, handle creditors, and transfer property
Threshold: No dollar cap; used when there is a valid will and the estate does not qualify to dispense with administration
Filing Fee: About $70, or about $90 with the $20 sheriff service of process fee
Timeline: Several months or longer; claims are barred six months after the personal representative is appointed
Real Estate: Yes
Attorney: No statewide requirement; commonly used for larger estates
Full Administration Without a Will
KRS Chapter 395 (letters of administration)
Intestate estates that need an administrator with letters to pay debts and distribute property under KRS Chapter 391
Threshold: No dollar cap; used when there is no will and the estate does not qualify to dispense with administration
Filing Fee: About $70, or about $90 with the $20 sheriff service of process fee
Timeline: Several months or longer; an inventory is due within 90 days of qualifying (KRS 395.250)
Real Estate: Yes
Attorney: No statewide requirement; commonly used for larger estates
* Kentucky charges a flat $50 probate filing fee to open a case in District Court under CR 3.03(1)(c) (Supreme Court of Kentucky Order 2026-15, effective July 1, 2026), plus a $20 court technology fee and small county add-ons. The fee is uniform in all 120 counties and is not graduated by estate value; Kentucky imposes no probate tax. Personal representative compensation is capped at 5% of the personal estate plus 5% of income collected (KRS 395.150), and Kentucky sets no statutory attorney-fee schedule.
Unfamiliar terms in the comparison? The Kentucky probate glossary defines them in plain language.
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