The Kentucky Petition-Order to Dispense with Administration (Surviving Spouse/Children/Preferred Creditor) is a legal document used in Kentucky probate proceedings. It is a petition by a surviving spouse, children, or preferred creditors to dispense with administration of the estate of the deceased person. The petition must include information about the deceased, their assets, creditors, and heirs. The petition also must be accompanied by an affidavit of the surviving spouse, children, or preferred creditors, which must be verified by the petitioners. If the court grants the petition, the estate will be distributed according to the deceased person's will, if one exists, or according to Kentucky's intestacy laws. There are two types of Kentucky Petition-Order to Dispense with Administration (Surviving Spouse/Children/Preferred Creditor): A Small Estate Petition and a Regular Estate Petition. The Small Estate Petition is used when the total value of the estate is less than $50,000, or if there are no debts or creditors. The Regular Estate Petition is used when the estate is valued at more than $50,000, or if there are debts or creditors.
Kentucky Petition-Order to Dispense with Administration (Surviving Spouse/Children/Preferred Creditor)
Description Ky Dispense With
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FAQ
KRS §395.450. This is known as dispensing with administration. A Petition to Dispense With Administration, which is form AOC-830, may be filed whether a person dies with or without a will, by the follow- ing individuals in the following priority: Surviving Spouse.
California law does allow creditors to pursue a decedent's potentially inheritable assets. In the event an estate does not possess or contain adequate assets to fulfill a valid creditor claim, creditors can look to assets in which heirs might possess interest, if: The assets are joint accounts.
Although there is no statute that requires an estate to stay open for any particular length of time, estates generally do have to stay open for a minimum of six months. This is because KRS Chapter 396 states that creditors of estates have six months to file claims.
All creditors that wish to be paid from the estate are required to file a claims against the estate within 180 days (6 months) from the date the personal representative is appointed. Valid debts can be paid after the six months are up.
(1) Administration of the estate of a person dying intestate may be dispensed with by agreement if there are no debts owing by the estate; all persons beneficially entitled to the personal estate have agreed in writing that there shall be no administration; and either there are no claims or demands due the estate, or
Ing to the Kentucky law on oral contracts, or verbal agreements, debt collection agencies have five years since the last action on the debt to put forward a suit (KRS 413.120). However, the Kentucky law on written contracts allows creditors fifteen years to sue a Kentucky resident.
Also, creditors may have the ability to open the estate if the family refuses to do so. KRS 395.040(2) provides that if no person related to a decedent applies for administration within sixty days of the decedent's death, the probate court has the discretion to grant administration to a creditor or any other person.
A Kentucky small estate affidavit, legally titled the 'Petition to Dispense with Administration' or Form AOC-830, can be used to avoid the hassles of probate while distributing the assets of a small estate.